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THE UNIVERSITY OF GEORGIA
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UNIVERSITY OF GEORGIA LAW LIBRARY
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PREFACE.
eof to be fully and carefully read before them ; and they present as their
limous conclusion, that said Commissioners have kept themselves* fully and
fully within the pale of the powers and duties conferred,
be mingling together in condensed and intelligible form the Common and
ute Laws, Constitutional Provisions, and Court Decisions, and thus to place
^hole body of all the Law within the reach of the people, was, in the opin-
)f your Committee, the great end aimed at by the Legislature, and this end
been kept in view, and, to every practicable and attainable extent, ably and
ently accomplished by the Commissioners.
Code so entirely extensive in its aims and purposes as to define in intelligi-
orm and language out of the body of the great system of the Common Law
ing time whereof the memory of man runneth not to the contrary, mischiefs
'ights, duties and obligations, and to present in intimate and close connection
iwith Constitutional and Statutory Provisions, and the judicial exposition and
Tucti'^vjr' thereof, for their redress and enforcement, is of rare, if not in the
no^ .{)resented, of Original occurrence. Your Committee intend to say that
3 r\ been before so extensively attempted, that the citizen should be referred
3 \ ole embodiment of the Law in a single volume to be exactly informed
^re'his rights in any and every exigency, and what his remedies for their en-
nent and protection. And it need hardly be added that to the large degree
ich the offered Code accomplishes this great desideratum, it must and will
lend itself to public approval and acceptance. As your Committee have
in the discharge of the duties devolved upon them, they caused each and
section of the Code to be read before them, and at the option, or upon the
5j,ion of any one of its members, its sections were discussed, canvassed, and
led, enlarged and restricted by a vote of the majority ; and your Committee
id, that the codifiers themselves, being present, with scarce a single excep-
.pproved, acquiesced in, and adopted all such suggestions, alterations, modi-
^s, enlargements, or restrictions, as your Committee thought proper to
I ^
ond what has been said, the limits of this report will not authorize your
ittee to enlarge.
"the result of their investigations,"' and in full view of the delicate respon-
BS th^eby incurred, especially if their further suggestions shall receive Le-
^e^^roval, they do not hesitate, with entire unanimity, to report that the
Mfioners have ably, faithfully, and efficiently discharged the arduous duties
d upon them, and with like unanimity recommend the Legislative sanction
option of that which they present as "The Code of Georgia."
■le further anxious discharge of their duties, the thoughts of your Commit-
e been necessarily turned to consider the mode in and by which this can
importance of a knowledge of the contents of the Code to a satisfactory
'1 considered vote for its adoption by each member of the Legislature, has,
piie:face.
- — ■ — - " •„ 4.VfA tsprvice of the Gonf^
the end of the Index, and to which *« Pec>a ^^^.^^ ^^^^ ^^p,,,
M^ny of the rules of the f P-'"f ^stns of the Courts, and others being e,
aed -by Legislative enactments and de— ^^.^^^^ ^^^^^ ^,^ ,„1,3 f be
hodii in this Code under W™ ^ft;,, ,„thoritles, and therefore they .
Courts should undergo a revision by the p P ^
omitted in this book. ^^^ „ot only by the Bench and
As constant reference will be made to^he ^ , ^^^ ^.^.^^^^ ^^^^ ^ 1
KEPOKT ofj;he_committee.
. To tUe General Asser^U, of '''-^'^f Jj^ of the last sessionof thi,
The Committee appointed ^^^^ ^^''^,, ^^ ,, „.eet the Commission,
eral Assembly (assented to 1«*/;^;- codification of the Laws of <}
pointed under an Act \° ^^ .f ^ ^^^^^
(approved 19th of »«;-'f ^^'i'^tession of the General Assembly, for t
lefore the meeting of this present ^«^^.^°" respectfully report :
;t of revising and fully ^^J^tvo^ u oLhem by saidresolu.
Th^t thev have discharged the duty ul r
JJ1% is the result of their inv-^~ ^ ^..^ Committee find
Referring to said Act of 9lh of "'"'^J''. appointed, to prepare
.a!tade L duty of the ^l^^^^^^^ZTZo^le, embrace in a cc
people of Georgia a Code -h>ch shall as nea P ^^^ ^^^^^^ ,,
LLhe Laws of Georgia whhe^^^^^^^^ ^^^^^ ^,^ O,,,,io„. of the
tution of the State, the Statutes o ^^^^^^
Court or the Statutes of England, of/>'^<'^/ ^s and duties of ^
Xll this enlarged and extensive chart of the P ^^ ^^^^ ^^ ^^^
. ^-.sioners before your Corn-f- ^^Code, they caused each and ev.
"in the revision and examination of said ^
PREFACE. vii
on the one hand, pressed strongly upon us, while on the other, the utter impossi-
bility of canvassing and considering, within any reasonable period of time, the
four thousand paragraphs embraced therein, has presented an obstacle almost, if
not absolutely insurmountable.
The mere reading of the manuscript, to inform and enlighten the Legislative
mind as to its provisions, would occupy more than half the time limited by the
Constitution to a Legislative session. Such reading, accompanied by the un-
questioned power to amend and discuss according to the varied opinions and
policy of our three hundred members, it need hardly be said, would occupy, to
say the very least, more than all the time thus limited.
In the opinion, then, of your Committee, to read without amendment and dis-
cussion, would be idle and useless waste of time and money ; and to read,
amend, and discuss, impracticable.
Entertaining these opinions, and seeking the best solution of the difficulties,
your Committee were naturally led to refer to the precedents set and acted upon
by your sister States under similar circumstances. So far as such precedents
will sanction and justify the recommendation to which they are led, they have
been pleased to find that, in almost every State, Revised Codes have been adopted
by a simple Legislative act, such as your Committee offer with this report, and
upon the action and report of a committee, leaving other considerations, amend-
ments, and discussions, of course, to the power and wisdom of the Legislature
after publication.
With the exception of Virginid, your Committee believe that the action of the
States has been uniformly such as they now recommend. In that State the other
policy was pursued. Each section of its Code was subjected to a thorough revi-
sion, and separate adoption by its whole Legislative Department. The result
was that its session was extended to a period over six months, and, of course, at
a very great cost to the State. Your Committee, from a partial and cursory
examination of the Code of that State, will be permitted to add, in no censorious
spirit, that the benefit of this course is not manifest in the results. Other Codes
adopted upon the plan which your Committee feel constrained to suggest, com-
pare most favorably with this Code of Virginia.
Your Committee believe thai^they could give satisfactory reasons for the opin-
ion entertained, that the labor, time, and money which might be expended in a
Legislative reading, revision, and examination of the Code, might be really detri-
mental, rather than beneficial, to its efficiency, harmony, and entire plan and struc-
ture ; but the limits of a report forbid all such attempts.
If the Code now presented were a new system of jurisprudence, or had the
Comftiissioners attempted to graft upon our system any new features extracted
frotn others and unharmonious with our own, or even if alterations in a well de-
lilted public policy had been attempted, your Committee would have paused,
hesitated to recommend the mode of adoption suggested, without at least calling
the special attention of the Legislature to such new and essential changes.
Yiii PREFACE.
But at an early stage of our revision and examination, the codifiers announced
the leading principle by which they had attempted to guide their labors, and your
Committee report the same prominent in all the amendments and changes made
at their suggestion. This principle was, to attempt no change or alteration in any-
well defined rule of law which had received Legislative sanction or judicial expo-
sition, and to add no principle or policy which had received the condemnation of
the former, or was antagonistic to the settled decisions of the latter.
The prominent and leading power of change exercised in construction and re-
vision has been to cut and unravel Gordian knots, resulting from conflicting deci-
sions of the Courts ; to reconcile actual ^nd apparently discordant legislation, har-
monij^ing all conflicts to what seemed to be settled and favored public policy ; to
remedy existing defects by wise and harmonious provisions; and to supply omis-
sions which the practice and experience of the Courts had discovered and made
manifest in existing legislation. In short, the great end and aim has been to re-
concile, harmonize, render consistent, the body of the law, so as to give shape
and order, system and efficiency, to the sometimes crude, and often ill expressed,
sovereign will of the State.
A settled conviction on the mind of your Committee that the codifiers have, to
a degree as complete and perfect as might reasonably be expected, accomplished
these and like ends, has won for the Code, as an entirety, their cordial and unani-
mous approval. Your Committee will not conceal that some particular sections
and provisions have not met this unanimous concurrence. When differences
arose, careful and anxious consideration and discussion followed, and minorities
did not hesitate to yield — all being satisfied that, as a whole, the Code was enti-
tled to and should receive, as it does receive, their unanimous and unquali^ed
approbation and recommendation.
Your Committee fully believe that such would be the result of any examina-
tion and revision by the Legislative Department.
Your Committee do not deem it inappropriate to their duties to add, that the
proper printing and publication of the Code, if adopted, becomes a subject of
much interest and importance. Its plan and structure accompanies this report.
A reference thereto will render most manifest the necessity, in tliqi^publiGatiou, of
rigidly adhering to the plan. The numerical order of its paragrapRs, and.its re-
ferences in one title, section, or paragraph, to another, must be preserved. In-
the use and value of the Code, its Index becomes of the highest importance.
These, and like considerations and reflections, lead your Committ^^to suggest
that none other than those who constructed the Code, who devised Tts^ plan, and
are familiar with its details and manuscript, can so well superintend "its publica-
tion and prepare its Index. Your Committee have further to add, that^it is- .pro-
vided in the Code itself that it shall not take effect until the 1st of October, Iji^l,
I.
thus giving time for its publication. -r^ t**!^
It is further provided, and your Committee think wisely, to meet anjy insu^
flciency of the Code, that all questions not embraced or provided for therein,. sJaall h€^
PREFACE. ix
decided and settled by existing laws, and that the Code does not interfere with,
or in any manner abrogate or repeal, local legislation.
If in the views thus presented by your Committee, they shall have the concur-
rence of the Legislature, they present as part of this report, a bill to adopt
the Code, and a bill to provide for its publication.
All of which is respectfully submitted.
HINES HOLT,
DANL. S. PRINTQP,
W. W. PAJNE,
Committee on part of Senate.
GEO. N. LESTER,
ISHAM S. FANNIN,
W. G. DELONY,
M. W. LEWIS,
% N. BROYLES,
C. J. WILLIAMS,
Committee on part of House.
THE ACT ADOPTING THE CODE.
An Act to approve, adopt and make of force, in the State of Georgia, a Revised Code of
Laws, prepared under the direction and by authority of the General Assembly thereof ;
and for other purposes therewith connected.
Section 1. The General Assembly of the State of Georgia do enact, That the
Revised Code of Laws prepared under its authority, by Richard H. Clark, Thos.
R. R. Cobb, and David Irwin, Esqs., and revised and fully examined by its
committee, and recommended and reported for adoption (the manuscript whereof
now being on file in the Executive Department), be, and the same is hereby,
adopted as the Code of Georgia ; to be of force and take effect on the first of
January, 1862.
Provided, That the adoption of the Code shall not operate so as to repeal an
Act entitled "An Act to define the liability of the husband for the debts of the wife,
and to define the liability of the property received through the wife for the debts
of the husband existing at the time of the marriage," approved 28th February,
1856 ; or to punish any Judge, Justice, or Minister, for joining in marriage any
female under the age of twenty-one without the consent of her father or guardian.
Section 2. And be it further enacted, That all laws and resolutions of a pub-
lic and general character passed at this present session of the General Assembly,
PREFACE.
"be incorporated in and made part of said Code ; and that the duties and powers
of the codifiers be continued to that end, with authority to place the same in
proper and appropriate form and connection, and to correct any conflicts which
may be created thereby with its existing provisions. And that the performance
of the further duties by said codifiers, as required in this section, be submitted to
the revisal, examination and approval of His Excellency the Governor, before
the publication of said Code.
Section 3. Be it further enacted^ That the laws of the State of Georgia,
having reference to the city of Savannah, etc., as codified by order of the City
Council of Savannah, by the City Attorney of Savannah, be and the same is
hereby, declared and made a part of the Code of Georgia and the laws thereof — the
manuscript copy whereof is now on file in the Executive Office.
Assented to Dec. 19th, 1860.
"*^.
/
ty'
PREFACE TO THE REVISED EDITION.
; ^^^ /
The late war and its results, having produced so many radical changes in the
Constitution and Laws of Georgia, a revision of the Code of the State becanae a
matter of necessity. Prompted by an appreciation of that necessity, as well as
the suggestions of his friends, the undersigned entered upon the work Of carefully
revising said Code, so as to exclude therefrom all such parts as had been repealed
or superseded, and to include all laws passed since the adoption of said Code
which were of force at the adjournment of the General Assembly of 1866, thus
making the Code conform to the 5th Clause of the 1st Section of the 5th Article
of the Constitution of Georgia, adopted by the Convention of 1865. All parts
of the Code that have been repealed or superseded have been left out, and all laws
still of force, that were never embodied in the Code, have been arranged under
appropriate heads. The head-notes and sections have been rearranged and re-
numbered, and the new laws are included in brackets, with references to the au-
thorities in which they may be found. A new and enlarged Index has been made,
which, it is hoped, will enable any lawyer or citizen readily to find the law on any
given subject. By resolution of the General Assembly, His Excellency Governor
Jenkins appointed a committee, composed of Gen. Andrew J. Ilansell, Col. Logan
E. Bleckley, and Col. Nathaniel J. Hammond, to examine the work ; and after a
careful and elaborate examination, this committee of distinguished lawyers re-
ported to His Excellency that the revision of the Code was thorough and accurate.
The undersigned did not feel at liberty to change even the wording of the laws
passed since the adoption of the Code, but embodied them just as they were en-
acted by the Legislature. The work has been tedious and difficult, and the
undersigned does not claim that it is perfect ; but, having done the very best that
time, circumstances, and his official duties would allow, he places it before a gen-
erous profession and an indulgent people,
DAVID IRWIN.
> i tJt te'4i^'i k "^ I )^d
.„.^'.^'
TABLE OF CONTENTS.
GENERAL PRELIMINARY PROVISIONS.
PART FIRST. — The Political and Public Organization of the State.
PART SECOND.— The Civil Code.
PART THIRD.— The Code of Practice.
PART FOURTH.— The Penal Laws.
PART FIRST.
THE POLITICAL AND^TTgLIC ORGANIZATION OF THE STATE.
TITLE I. — Divisions and Jurisdictions,
Chapter 1. — Of the Boundary, Sover-
eignty and Jurisdiction 5
Article 1. The boundary of the State. 5
Article 2. The sovereignty and juris-
diction of the State' 7
Article 3. Coast Survey 7
Chapter 2.— The Political [and Judicial
Divisions of the State 8
Article 1. Counties 9
Article 2. Congressional Districts. ... 12
Article 3. Judicial Districts and Cir-
cuits 14
TITLE II.— Citizenship,
Chapter 1. — Who are Citizens 14 [ Chapter 2. — Expatriation.
TITLE 111,— The Executive Department,
15
Chapter 1. — The Governor, his Powers
and Duties 16
Chapter 2. — The Executive Office, and
residence of Governor 20
Chapter 3. — State House Officers. . ,. . . 21
Article 1. Secretary of State. . . /. .^. . 21
Article 2. Treasurer ». .!
23
Article 3. Comptroller General 27
Chapter 4. — Of other officers ^f^he Ex-^
ecutive Department. . . j 4(f 31
Article 1. State Librarian 81
Article 2. G^overnor's Messenger ^nd
State HPhse Guard « 32
Chapter 5. — General Regulations as to
Offices and Officers 33
Article 1. Of Eligibility, Qualification,
•. , Ck)raraissjops,,etc .*....... 33
Article 2. Official Oaths 36
Article 3. Official Bonds, and Dis-
charge of Sureties 38
Article 4. Delivery of books to succes-
sors 4^
TITLE IV. — Legislative Department.
Chapter 1. — Of the General Assembly.. 43
Chapter 2. — Subordinate Officers of the
General Assembly 4S
xir
CONTENTS.
TITLE V. — Judicial Department,
Chapter 1. — General Provisions as lo
the Judicial Power
Chapter 2. — The Supreme Court and its
OflScers
Article 1. The Supreme Court and its
Judges
Article 2. The Clerk
Article 3. The Reporter
Article 4. The Sheriff.
Chapter 3. — The Superior Courts and
Officers
Article 1. The Judges
Article 2. The Clerks
Article 3. The Receiver
Chapter 4. — The County Court and its
OflScers
Article 1. The County Court
Article 2. The County Judge
. Article 3. The County Solicitor
Article 4. Clerk of the CounUy Court.
Article 5. The Sheriff and Bailiffs of
County Court V
48
49
50
52
53
54
55
55
59
64
65
65
70
73
73
74
Chapter 5. — The Inferior Court and its
Officers 76
Article 1. The Court and its Justices. 76
Article 2, The Clerk 78
Chapter 6.— The Ordinary 8D
Article 1. The Ordinary and his Court SO-
Article2. As Clerk 83
Article 3. As School Commissioner.. . 85'
Chapter 7. — Sheriffs and their Deputies 86
Chapter 8. — State's Attorney and Attor-
neys at Law 90
Article 1. Attorney General.. , 91
Article 2. Solicitor General 92^
Article 3. Attorneys at Law 95
Chapter 9. — Justices of the Peace and
Constables 103
Article 1. Justices of the Peace and
their Courts 103
Article 2. Constables 108
Chapter 10. — Corporate Courts Ill
TITLE YL—
Chapter 1. — Militia Districts
Chapter 2.— Ipcorporation of Counties,
Contracts, and Property,
Chapter 3. — County Revenue
Article 1. From Taxation
Article 2. From other sources
Chapter 4. — Certain County Officers. . .
Article 1. Treasurer
Article 2. Surveyor
Article 3. Coroner
County Organization,
112 Chapte^^^Rblic Roads, Bridges, and
Ferries 133
113 Article 1. Public Roads 133
116 Article 2, Road Commissioners and
116 their duties 141
119 Article 3. Bridges and Ferries 144
122 Article 4. Railroad Crossings. 149
123 Article 5. Private Ways 151
128 Article 6. Mining 154
130 Chapter 6.— The County Poor 155
TITLE YU.—Fuhlic Revenue,
Chapter 1. — Taxation by the State 159
Article 1. Persons and Property Ex-
empt 159
Article 2. Persons and Property taxed 160
Article 3. tILxcs on Banks, Railroads,
etc 162
Article 4. Taxes, how returned an.d
3 collVted . y \ . A- • > ^..V-^:-^^ \ 164
Articles. Delinquei*tTax-^aj^rs,ahn^ -
Proceedings against them 172
Article 6. Delinquent Collectors and
Receivers 175
Article 7. Tax Receivers 177
Article 8. Tax Collectors 180
Artid£j9. Compensation of Collectors
andlleceivers 182
Article 10. Miscellaneous Provisions 182
Ch^ter 2.A-Revenue from other sources 183
Kf ^ Y-JtF.^Ae^ P%8l^c:Jb%ht,
Chapter 1.— The Public Debt
r: '•'
^'■'>', V .
TITLE IX..— Public Property,
Chapter 1. — Public buildings 188
Chapter 2.— The lands of the State 188
Chapters. — The Western and Atlantic
Railroad, and its government. 189
Chapter 4. — Stocks and other funds.
Chapter 5.— Other public property. .
185
198
199>
CONTENTS.
XV
TITLE X,-^FuhUc Printing.
Chapter 1. — The Public Printer — his
duty and compensation 199
Chapter 2.— Other printing 202
203
Chapter 3. — The Compiler
Chapter 4. — Distribution of Laws and
other documents 203
TITLE XL— Public Defense.
Chapter 1. — Persons subject to military
duty, exemptions, etc 205
Chapter 2. — Military organization 209
Article 1. Military force, and how com-
posed 209
Article 2. The Volunteers 210
Article 3. Cavalry Corps 214
Article 4. The Militia 215
Article 5. Elections 217
Chapter 3. — Organization of the Staff of
the Militia 218
Chapter 4. — Courts Martial 221
Chapter 5 — Preservation of order at pa-
rade 223
Chapter 6. — Provisions of local applica-
tion 224
Chapter 7. — Miscellaneous Provisions.. 227
Chapter 8. — Public arms and arsenals . . 230
TITLE XIL— Education.
Chapter 1. — University of Georgia 232
Chapter 2 — Georgia Military Institute. . 236
Chapter 3. — Academy for the Blind 239
Chapter 4. — Academy for Deaf and
Dumb 241
Chapter 5. — County Academies. .' . ..... 242
Chapter 6.-Common Schools and educa-
tion of the poor 243
Chapter 6. —
Article 1. Educational Fund 243
Article 2. How paid out 245
Article 3. Educational Fund of the
Counties 246
Article 4. How managed 247
Article 5. Beneficiaries of the Fund. . 250
TITLE XllL—Mections hy the People.
Chapter 1. — Qualification of voters 251
Chapter 2. — Elections of Members of the
General Assembly 253
Chapter 3. — Elections for Governor,
Members of Congress, Electors of
President, Vice-President, Judges,
and Solicitors 256
Article 1. Provisions applicable to all 257
Article 2. For Governor 257
Article 3. For Members of Congress. . 258
Article 4. Electors for President and
Vice-President 259
Article 5. Judges of Superior Court
and Solicitors General 260
Chapter 4. — For Justices of the Inferior
Court, Ordinal y, and County Offi-
cers 261
Chapter 5. — Justices of the Peace and
Constables 263
Chapter 6. — Contested Elections 263
TITLE XIY .—Elections hy the Qeneral Assembly.
Chapter 1.— For United States Senators 265 | Chapter 2.— Other Officers
265
TITLE XV. — Police and Sanitary Regulations.
Chapter 1. — Lunatic Asylum 266
Article 1. The Trustees 266
Article 2. Superintendent 267
Article 3. Admission and disposition
of patients 268
Chapter 2. — Health, Hospitals, Infection
and Quarantine 272
Chapter 3. — Physicians and Druggists. . 276
Chapter 4. — Tavern and Retail License. 279
Chapter 5. — Vendue Masters and Auc-
tioneeers 280
Chapter 6.— Estrays 281
Chapter 7. — Marks and brands 283
Chapter 8. — Enclosures and fences 283
Chapter 9. — Firing the woods 284
Chapter 10.— Mills and Millers 285
Chapter 11. — Gunpowder 286
CONTENTS.
TITLE XVI. — Regulations of Agriculture, Trade, and Commerce,
Chapter 1. — Banks and Banking 286
Article 1 . Bank returns 287
Article 2. Obligations and Penalties. 288
Articles. Forfeiture of Charters and
liability of Stockholders 291
Chapter 2 .— N'otaries Public 293
Chapter 3. — Ships and Seamen 294
Article 1 . Pilotage 295
Article 2 . Seamen 304
Chapter 4. — Inspection 807
Article 1 . Flour and grain 307
Article 2. Wood, Tobacco, etc 310
Article 3. Liquors 313
Chapter 5.— Weights and Measures 315
Chapter 6. — Regulations for particular
branches of Trade and Agriculture. 310
Article 1 . Cotton, Kice, etc 316
Article 2. Cultivation of Rice 319
Article 3 . Oysters and Turtles 321
Article 4. Fishing 322
Article 5. Boats and Crews 323
Article 6 . Peddlers 324
TITLE XNll.— Salaries and Fees of Officers.
Chapter 1. — Executive Department and
Officers thereof. : : 326
Chapter 2. — Other Officers appointed
by the Governor 327
Chapter 3. — Officers not appointed by
the G-overnor, but paid by the State 327
Chapter 4. — The Legislative Department 328
Chapters. — The Judicial Department. 328
PART SECOND.
CIVIL CODE.
TITLE L-
Chapter 1 . — Of the different kinds of
Persons — their Status and Riglits . . 331
Article 1. Of Citizens 331
Article 2. Of Aliens and Residents. . 333
Of Persons,
Article 3. Of Persons.of Color 334
Article 4. Of Corporations 335
Chapter 2. — Of Domicil, and the man-
ner of changing the same 340
TITLE IL— 0/ the Domestic Relations.
Chapter 1.— Of Husband and Wife 341
Article 1. Of Marriage and Divorce. . 342
Sec. 1. Marriages — how and by
whom contracted 342
Sec. 2. Divorces, and how obtained 345
Sec. 3. Of Alimony 348
Article 2. Of the Rights and Liabili-
ties of Husband and Wife, and
herein of Dower 350
Article 3. Of Marriage Contracts and
Settlements 354
Chapter 2.— Of Parent and Child 356
Article 1. Legitimate Children, and
herein of Adoption 356
Article 2. Illegitimate Children, or
Bastards 358
Chapter 3.— Of Guardian and Ward. . . 359
Article 1. Guardians and Minors 359
Sec. 1. How and by whom appoint-
ed 360
Sec. 2. Their Powers, Duties, and
Liabilities 364
Sec. 3. Settlements, Resignations,
and Letters of Dismission 367
Article 2. Guardians of Lunatics and
Idiots 370
Article 3. Foreign Guardians 373
Chapter 4.— Of Master and Servant 374
Article 1. Indented Servants and Ap-
prentices 374
Article 2. Laborers in Factories 377
TITLE III. — Of Relations Arising from Other Contracts.
Chapter 1.— Of Partnership 378
Article 1. General Principles 378
Article 2. Rights and Liabilities of
Partners among themselves 380
Article 3. Rights and Liabilities as to
Third Persons 381
Articled Limited Partnerships.; 382
Chapter 2.— Of Debtor and Creditor. . . 387
CONTENTS.
xvii
Article 1. General Principles
Article 2. Acts void against Creditors 389
Article 3. Mortgages and other Liens 390
Sec. 1. Mortgages 390
Sec. 2. Other Liens 392
Article 4. Insolvent Debtors 397
Sec. 1. How Discharged 397
Sec. 2. Prison Bounds 401
Sec. 3. Property Exempt from Sale 401
Article 5. Interest and Usury 404
Chapter 3. — Of Bailments 405
Article 1. General Principles 405
Article 2. Of Carriers, and herein of
Railroad and Steamboat Companies 400
Article 3. Of Hiring 409
Article 4. Of Deposits. 412
Article 5. Of Loans «, 414
Article 6. Of Mandates, Pledges, or
Pawns 415
Chapter 4. — Of Principal and Surety. . 417
Article 1. Of the Contract 417
Article 2. Relative Rights of Creditor
and Surety 418
Article 3. Rights of Surety against
Principal 419
Article 4. Rights of Sureties among
themselves 422
Article 5. Rights of Sureties as to
Third Persons 422
Chapter 5. Of Principal and Agent. . . . 423
- Article 1. Relation of Principal and
Agent among themselves 423
Article 2. Rights and Liabilities of
Principal as to Third Persons 425
Article 3. Rights and Liabilities of
Agent to Third Persons 426
Article 4. Of Overseers 428
TITLE TV. — Of Property, and the Tenure hy ivJiicJi it is Held.
Chapter 1.— Of Realty 429 | Chapter 2.— Of Personalty 432
TITLE y. — Of Estates, and the Rights attached thereto.
Chapter 1. — Of Absolute Estates, or in
Fee Simple 433
Chapter 2.— Of Estates for Life 435
Chapter 3. — Of Estates in Remainder
and Reversion 436
Chapter 4.— Of Estates for Years 438
Chapter 5. — Of Landlord and Tenant. . 439
Chapter 6. — Of Estates upon Condition 441
Chapter 7. — Of Tenancy in Common. . 442
Chapter 8.— Of Trust Estates 443
Article 1. Of their Creation and Na-
ture. 443
Article 2. Of Trustees, Appointments,
Powers, etc 445
TITLE yi.— 0/ Title, and the Mode of Conveyance,
Chapter 1.-
Article 1.
Article 2.
Article 3.
Article 4.
-Of Grants 449
Grants Generally 449
Of Head Rights 451
Of Land Lotteries 454
Of Processioning 454
Chapter 2.— Of Title by Will 456
Article 1. Of the Nature of Wills— by
whom and how executed 457
Article 2. Of Probate and its Effects 460
Article 3. Of the Executor 463
Article 4. Of Devises and Legacies. . 466
Article 5. Of Revocation 469
Article 6. Of Nuncupative Wills 470
Chapter 3. — Of Title by Descent and
Administration 471
Article 1. Of Inheritable Property,
and the Relative Rights of Heir
and Administrator 471
Article 2. Of Administration 473
Sec. 1. Different kinds of Adminis-
trators, and Rules of Granting
Letters 473
Sec. 2. Of their Appointment, Bonds,
and Removal 476
Sec. 3. Inventories, Appraisements,
and Returns 479
B
489
Section 4. Of Managing the Estate,
and Paying Debts 481
Sec. 5. Of Receiving and Making
Titles on Bonds for Titles 485
Sec. 6. Of Administrator's Sales. . 486
Sec. 7. Of Distribution, Advance-
ments, and Provision for Family
Sec. 8. Of Commissions and Extra
Compensation 493
Sec. 9. Of Final Settlements and
Receipts, and herein of Interest. . 495
Sec. 10. Of Letters of Dismission
and Resignation 497
Sec. 11. Of Removing Proceedings
to Another County 499
Sec. 12. Of Foreign Adm'rs 500
Chapter 4.— Of Title by Judicial Sale. . 500
Chapter 5.— Of Title by Contract 502
Article 1 . Of Private Sales 502
Article 2. Of Gifts 500
Chapter 6.— Of Title by Escheat and
Forfeiture 508
Chapter 7.— Of Title by Prescription. . 509
Chapter 8.— Of Conveyance of Title. . 511
Article 1 . Generally 511
Article 2 . Of Covenants and War'nty 513
Article 3. Of Registration 513
XVlll
CONTENTS.
TITLE VII.— O/ Contracts.
Chapter 1. — General Principles 516
Chapter 2.— Of the Parties 518
Chapter 3. — Of the Consideration 519
Chapter 4. — Of Illegal and Void Con-
tracts 520
Chapter 5. — Of Construction of Con-
tracts 521
Chfipter 6. — Court Contracts 523
Chapter 7. — Of Negotiable Contracts. . 525
Article 1 . Of Negotiable Paper, and
How Transferred 525
Article 2. Of Indorser's Notice and
Protest 526
Article 3. Of the Rights of Holders. 527
Article 4. Of Damages 528
Chapter 8 . — Of Contracts of Insurance . 529
Article 1 . Fire Insurance 529
Article 2. Life Insurance 532
Article 3. Marine Insurance 532
Article 4. Mutual Insurance 534
535
535
536
Chapter 9.— Of Defenses to Contracts,
Article 1. Denial of the Contract. . ,
Article 2. Denial of its Obligation,
and herein of Acts of Opposite
Party
Articles. Payments, and herein of
Appropriation of Payments 537
Article 4 . Performance, and herein of
Tender 538'
Articles. Accord and Satisfaction.. 539
Article 6. Arbitrament and Av>'ard. . 540
Article 7. Pendency of Another Ac-
tion, and Former Recovery 541
Article 8. Set-off and Recoupment. . . . 542
Article 9. Limitation of Actions. .. . 543
Sec. 1. Periods of Limitation.... 543
Sec . 2 . Exceptions and Disabilities 545
Sec . 3 . New Promise 546
Chapter 10. Of Breach of Contract, and
Damages , 547
TITLE VIII.- — Of Torts or Injuries to Person or Property,
Chapter 1. — General Principles 549
Chapter 2. — Of Injuries to the Person.. 551
Article 1. Physical Injuries 552
Article 2. To' Reputation 553
Sec. 1. Libel and Slander 553
Sec. 2. Malicious Prosecution 554
Article 3. Other injuries to the Person 555
Sec. 1. False Imprisonment 555
Sec. 2. Malicious Arrest 556
Sec. 3. Nuisances and other injuries
to Health 556
Sec. 4. Indirect injuries to Person. . 558
Chapter 3.—
Article 1,
Article 2.
Article 3.
Chapter 4.—
Article 1.
Article 2.
tender.
Article 3.
Article 4.
Chapter 5.—
Of injuries to Property. . . . 559
To real estate 559
To personalty generally. . . 560
By railroad companies 561
Of Defenses 566
Justification 566
Satisfaction, and herein of
, 567
Limitation of Actions 568
Other Defenses 568
..^ 569
•Of Damages
TITLE IX.— 0/ JSquity.
Chapter 1.-
Chapter 2.-
Chapter 3-
ny . . . .
Chapter 4.-
Chapter 5.-
Chapter 6.-
Chapter 7.-
Chapter 8.-
Chapter 9.-
Chapter 10.
-General Principles 571
-Of Discovery 573
-Of perpetuation of Testimo-
575
575
577
579
-Of Accident and Mistake..
-Of Account and Set-off. . . .
-Of Administration of assets
-Of Charities 580
-Of Election 581
-Of the Execution of Powers 582
-Of Fraud 583
Chapter 11. — Of partition 584
Chapter 12. — Of specific performance. . 585
Chapter 13. — Of trusts and trustees 586
Chapter 14. — Of extraordinary remedies 587
Article 1. Of mandamus, quo warran-
to, and prohibition 587
Article 2. Of injunctions 588
Article 3. Of ne exeat and quia timet 589
Article 4. Of bills of peace and inter-
pleader 591
PART THIRD.
THE CODE OF PRACTICE
TITLE I. — Of the Judges, Sessions, and Adjournments of Courts.
Chapter 1. — Of the Supreme Court 593
Chapter 2. — Of the Superior and Inferior
Courts 594
Article 1. Number and times of ses-
sions 594
Article 2. Of the adjournments of the
Superior and Inferior Courts 598
Chapter 3.— Of the Judges of the Supe-
rior Courts 599
CONTENTS.
XIX
TITLE II.— (9/ Actions.
Chapter 1. — General Principles 601
Chapter 2.— Of Attachments 603
Article 1. Of issuing Attachments... . 603
Article 2. In what manner, on what
property executed, and proceedings
thereon 608
Articles. Proceedings on Garnishment 610
Article 4. Pleadings and Defenses. ... 612
Article 5. Replevy, and disposition of
property attached 615
Article 6. Claims, and proceedings
therein 616
Article 7. Lien of Attachments, Gar-
nishments, and Executions 618
Chapter 3. — Of Petitions and Process. . 619
Article 1. General Provisions. ...... 619
Article 2. Particular Cases 621
Chapter 3. — Article 2. —
Sec. 1. Against joint, and joint and
several Contractors 622
Sec. 2. In ejectment 623
Sec. 3. Against Corporations 62..1
Sec. 4. Against Trustees 628
Sec. 5. Against Executors, Adminis-
trators, and Guardians 620
Sec. 6. Particular Forms 630
Chapter 4.— Of the Venue ■. . . 634
Chapter 5. — Of Bail in Civil Cases. .... 636
Article 1. Bail at the Commencement
of the, Action 636
Article 2. Bail 'pendente lite 640
Article 3. Proceedings Again=;t Bail. . 641
Article 4. Bail in Action for Personalty 642
Chapter 6.— Of Making Parties 644
Chapter 7. — Of Abatement, Retraxit,
Dismissal, and Renewal of Actions 640
TITLE III. — Of Defenses, and Proceedings Pending Action.
Chapter 1.— Of Defenses— Pleas 648
Article 1. General Provisions 648
Article 2. Particular Pleas 650
Sec. 1. To the Jurisdiction 650
Sec. 2. Of Set-off 651
Sec. 3. Of Usury 652
Sec. 4. Of Failure of Consideration 652
Sec. 5. Of Non est Factum 652
Sec. 6. Of other Pleas 653
Chapter 2. — Of Amendments 654
Article 1. — General Principles 654
Article 2. Particular Cases 656
Sec. 1. Of Amending A^erdicts, Judg-
ments, and Executions 656
Sec. 2. Of Amending Official Re-
turns 657
Sec. 3. Of Amending Records 657
Sec. 4. Of other Amendments 658
Chapter 3. — Of the Production of Papers 658
Chapter 4. — Of Continuances 662
Chapter 5. — Of Garnishments 664
TITLE IV. — Of the Verdict and Judgment.
Chapter 1. — Of the Verdict and Judg-
ment 668
Article 1, Of the Verdict and its Re-
ception 669
I Article 2. Of entering Judgments. ... 670
Articles. Effect and Lien of Judgment 671
Article 4. Of Attacking Judgments. . 673
Article 5. Transfer of Judgments. . . . 675
Article 6. Confession of Judgment. . . 675
Article 7. Of dormant Judgments, and
Revival thereof 678
TITLE v.— 0/ Appeals.
Chapter 1.— Of Appeals 677
Article 1. In what Cases Allowed.. . . 677
Article 2. When, by whom, and how
Entered 678
Article 3. Effect of Appeal 681
Article 4. How and when tried 681
TITLE VL— 0/ Executions.
Chapter 1. — Of different kinds of Exe-
cutions 682
Article 1. When and how Issued and
Returned 682
Article 2. Ga. Sas., how Executed and
Proceedings thereon 684
Article 3. Of a FL Fa., how Levied,
and Proceedings thereon 686
Article 4. Of Sales under Execution —
when and how made 687
Article 5. Of the Satisfaction of Exe-
cutions 689
Chapter 2.— Of the Stay of Executions. 690
Chapter 3. — Of the Illegality of Execu-
tions 690
Chapter 4. — Of Forthcoming Bonds. . . . 692
XX
CONTENTS.
TITLE Nil.— Of Costs in Civil Cases,
Chapter 1. — Costs iu Civil Cases 693
Article 1. How Taxed 693
Article 2. How Collected 695
Chapter 2.— Fees of Officers of Court. . 695
TITLE YllL—JSTew Trials,
Chapter 1.— Of New Trials 705
Article 1. By whom and for what
causes allowed 705
Article 2. When, where, and how
tried
(06
TITLE IX.— 0/ Claims.
Chapter 1. — Of claims to propertjan ex-
ecution 707
Article 1. How and by whom inter- •
posed 707
Article 2. When, where, and how tried 709
Chapter 2. — Of claims at other judicial
sales 710
TITLE X.—Of Evidence.
Chapter 1. — General principles 711
Chapter 2. — Of the rules governing the
admission of testimony 713
Article 1. Of the general rules 714
Article 2. Of hearsay evidence 715
Article 3. Of admissions and confes-
sions 717
Article 4. Of parol evidence to affect
written 719
Chapter 3. — Of discovery from parties. . 720
Chapter 4. — Of records and other writ-
ten evidence 721
Article 1. Of records and public docu-
ments 721
Chapter 4. —
Article 2. Of private writings 724
Chapter 5. — Of oral testimony 725
Article 1, Witnesses— their attendance
and fees 726
Article 2. Of the competency of wit-
nesses 727
Article 3. Of the examination of wit-
nesses 729
Chapter 6. — Of interrogatories and depo-
sitions 731
Chapter 7. — Of perpetuating testimony. 734
TITLE XL— (9/ Juries.
Chapter l.-~Of Grand Juries 735
Article 1. Of the qualification of Grand
Jurors 735
Article 2. How selected, drawn, and
summoned 735
Article 3. Oath of the Grand Jury. . . 737
Article 4. Of the power and duty of a
Grand Jury 738
Chapter 2. — Of Special Juries 739
Chapter 3.— Of Petit Juries 740
Article 1. Of the qualifications of Petit
Jurors 741
Article 2. How selected, drawn, sum-
moned, and sworn 741
Chapter 4. — Special Provisions 742
TITLE XIL — Of Proceedings Against Ofjicers of Court.
Chapter 1. — Of Proceedings against Officers of Court 744
TITLE XIII. — Of Proceedings to Foreclose Mortgages.
Chapter 1. — ^Mortgage on Real Estate —
how foreclosed 747
Article 1. Of the application — when
and how made 748
Article 2. Defenses, Pleas — when and
how made 748
Article 3. Of the Judgment, Disposi-
tion of Property, etc 749
Article 4. Of the proceeds of sale —
how appropriated 749
Chapter 2. Proceedings to foreclose a
Moitgage on Personalty 750
Article 1. Of the application— by whom
and how made 750
Article 2. Of defenses — when and how
made-. 751
CONTENTS.
XXI
TITLE XIV. — Of Proceedings to Ustahlish Lost Papers.
Cliapter 1. — Lost papers — when, where,
and how established 753
Article 1. How established in the Su-
perior Courts 753
Chapter 1. — Article 2. How established
in a Justices' Court 755
Article 3. Summary establishment of
lost papers 756
TITLE XV,— Of Proceedings to Obtain Partition.
Chapter 1. — Partition of land — how ob-
tained 758
Article 1. When, where, and by whom
the application must be made ' 758
Article 2, Notice to parties — how giv-
en, and upon whom served 759
Article 3. Of the issuing, execution,
and return of the writ 750
Article 4. Defenses — when and where
made 760
Article 5. Of the judgment 760
Article 6. Of the remedy of parties
absent from the State, under disa-
bility, or not served with notice. . . . 762
Chapter 2. — Partition of personal prop-
erty — how obtained 7G2
TITLE XVI. — Of Proceedings on Amplication for Haheas Corpus,
Chapter 1. — Proceedings on application for Habeas Corpus 763
TITLE XVII. — Of Possessory Warrants^ and Proceedings Thereon.
Chapter 1. — Possessory warrants, and
proceedings thereon 767
Article 1, By whom and on what
grounds the warrant may issue. .. 768
Article 2. How executed and returned 768
Article 3. Of the trial, judgment, and
subsequent proceedings 769
TITLE XVIIL— 0/ Proceedings on Trial of Citizenship.
Chapter 1. Proceedings on trial of Citizenship 771
TITLE XIX.— 0/ Proceedings to Obtain Power.
Chapter 1. — Proceedings to obtain Dower 772
TITLE XX.— 0/ the Writ of Certiorari.
Chapter 1. — Of the writ of certiorari. . 774 i Article 2. How obtained, and Pro-
Article 1. In what cases the writ of ceedings thereon 775
certiorari lies 774 Article 2. Of the answer, hearing,
judgment and costs 777
TITLE XXL — Proceedings against Trespassers on Lands, and Tenants
Holding Over.
Chapter 1. — Proceedings against tres- Article 2. Proceedings against ten-
passers on lands, and tenants hold- ants holding over 781
ing over 780 Chapter 2. — Forcible entry and detain-
Article 1 . Proceedings against intru- i er 784
ders 780 I
TITLE XXII. — Proceedings for the Abatement of Nuisances.
Chapter 1 . — Proceedings for the Abatement of Nuisances 786
XXll
CONTENTS.
TITLE XXIII. — Of Inquests^ and Proceedings thereon.
Chapter 1 .—Of Inquests, and Proceedings thereon 787
TITLE XXIV. — Of Proceedings in Courts of Ordinary.
Article 2. Practice in Courts of Ordi-
Chapter 1. — Proceedings in Courts of
Ordinary 791
Article 1. Sessions and adjournments 791
nary
793
TITLE XXV. — Of Proceedings of the Inferior Court ^ Sitting for County
Purposes.
Chapter 1. — Proceedings of the Inferior
Court, sitting for County Purposes. 793
Article 1. Sessions and adjournments 793
Article 2 . Proceedings therein 794
TITLE XXVI. — Of the Proceedings in Justices' Courts.
Chapter 1. — Of the Proceedings in Jus-
tices' Courts 795
Article 1. When and where held 795
Article 2 . Jurisdiction of Justices'
Courts 796
Article 3. Commencement of suits,
service and return of summons. . . 797
Article 4. Pleas and defenses 799
Articles. Evidence, witnesses, intei-
rogatories 799
Article 6. Trial and judgment 800
Article 7. Appeals 801
Article 8. Claims and trial thereof , . . 802
Article 9. Final Judgment and Execu-
tion 803
Article 10. Defaulting Constables, ju-
rors, witnesses, and contempts —
how punished 804
Article 11. Levy and sale under jf. /a. 806
TITLE XXYlL—JEquity Pleading and Practice.
Chapter 1. — Of the bill and subpoena,
and service thereof 807
Chapter 2 . — Of demurrers, pleas, and an-
swers 810
Chapter 3. — Of interlocutory decrees,re-
ceivers, masters, etc 812
Chapter 4. — Of the trial andats incidents 813
Chapter 5. — Of the final decree and its
enforcement 814
Chapter 6. — Of other proceedings in
chancery 815
TITLE XX VIII.— 0/ Arbitration and Award.
Chapter 1 . — Special provisions 816
Article 1 . Of the submission 816
Article 2. Of the organization and
- hearing 817
Article 3 . Of continuances and ad-
journments 818
Article 4. Of the evidence and wit-
nesses 818
Article 5. Of the powers of arbitra-
tors 819
Article 6. Of the rendition and effect
of the award 820
Article 7. How attacked 820
Article 8. Of costs and compensation
of the arbitrators 820
Chapter 2. — General Principles 820
TITLE XXIX. — Practice in Connection with the Supreme Court,
Chapter 1. — Of Bills of Exception and 1 Chapter 2. Of Proceedings in the Su-
Writ of Error 822 ' preme Court. 827
CONTENTS.
XXlll
PART FOURTH.
PENAL LAWS.
TITLE I.— Penal Code,
Div. 1. — Persons capable of commit-
tmg crimes 831
Div. 2. — Principles and accessories. . . . 833
Div. 3. — Crimes against the State and
people 834
Div. 4. — Crimes against tlie person. . . 836
Div. 5. — Crimes against the habitation 844
Div. 6. — Crimes relative to property. . 846
Div. 7. — Forging and counterfeiting. . 858
Div. 8. — Crimes against public justice 863
Div. 9. — Against public peace and tran-
quillity 872
Div. 10. — Against public morality,
health, police and decency 875
Div. 11. — Cheats and swindlers 885
Div. 12. — Fraudulent or malicious mis-
chief 889
Div. 13. — Indictment and proceedings
to execution 893
Div. 14. — Contempts of Court and at-
tempts to commit crimes 909
Div. 15. — Proceedings in preliminary
Courts 910
Article 1. Proceeding prior to arrest 910
Article 2. Of arrest and its conse-
quences 912
Article 3 . Of Courts of Inquiry, com-
mitment and bail . 914
Article 4. Of warrants for good beha-
vior, and to keep the peace 917
Article 5. Of search warrants. 918
Article 6. Of Proceedings in cases of
bastardy 919
TITLE II. — Penitentiary Laws.
Chapter 1 . — Penitentiary laws 921
TITLE lll,^Convicts.
Chapter 1 .—Convicts 926
APPENDIX.
Laws having Reference; to the City op Savannah 929
Constitution of Georgia 967
Constitution of the United States 984
REVISED CODE OF GEORGIA.
-♦— ♦ — ^
PART FIRST— THE POLITICAL AND PUBLIC ORGAN-
IZATION OF THE STATE.
PART SECOND— THE CIVIL CODE.
PART THIRD— THE CODE OF PRACTICE.
PART FOURTH- THE PENAL LAWS.
PRELIMINARY PROVISIONS.
Section.
.1. Obligation of laws.
2. Code — when and how to take effect.
3. When " from and after passage."
4. Rules for construction of statutes.
5. Meaning of specific terms.
6. ru.ture operation of laws.
7. Ignorance of law.
Section.
8. Lex Loci.
9. Comity of States.
10. Waiver of law.
11. Local laws.
12. Bonds of public officers.
13. Bonds taken by public officers.
14. Inspection of office books.
§ 1. The laws of this State shall be thus graduated in reference obligation
. *= of laws.
to their obligation:
FivBt. The Constitution of the United States.
Second. Treaties entered into by the Federal Government within
the scope of their power.
Third. Laws of the United States made in pursuance of the
Constitution.
Fourth. The Constitution of this State.
Fifth. The Statutes of this State.
Sixth. Such portions of the Common, Civil, Canon, and Statute
Laws of England as were usually in force in the Province of Geor-
gia prior to 14th May, A.D. 1776, which were applicable to the
condition and habits of the people so far as the same are consonant
with our form of government, and are not repealed, modified,
PHELIMINARY PROVISIONS.
or superseded by the provisions of [the Constitution and laws of
this State.] (a)
Seventh. The customs of mj business ^r trade sjiall be binding \
only when it is of such universal practice as to justify the conclu-
sion that it became, by implication, a part of the contract. __-'
§2. This Code shall take effect on the first day of January^
Sd^h^w^t? 1^^^- ^^^ offenses committed prior to that date shall be tried
take effect. ^^^ punished Under existing laws ; and all rights, or obligations,
or duties acquired or imposed by existing laws, shall remain valid
and binding, notwithstanding the repeal or modification of such
laws. -^
§3. Public la^ys which in themselves prescribe specifically that
"from^and ^^^7 ^^® *^ ^^^^ efi"ect "from and after their passage," shall not
sage." ^^^" ^^ obligatory on the inhabitants until published in some public
^ gazette ; and three days shall be allowed, from the date of publi-
cation, for every hundred miles distance from the Capital, before
a knowledge of the law shall be presumed against the inhabitants.
§4. The following rules shall govern the construction of all
cons"raction Statutory enactments in this State:
First, The ordinary signification shall be applied 'to all words,
except words of art, or connected with a particular trade or sub-
ject-matter, when they shall have the signification attached to them
by experts in such trade, or with reference to such subject-matter.
Second. The present or past tense shall include the future.
Third. The masculine gender shall include the feminine and
neuter.
Fourth. The singular or plural number shall each include the
other, unless expressly excluded.
Fifth. A joint authority given to any number of persons, or
ofiicers, may be executed by a majority of them, unless it is other-
wise declared.
Sixth. A substantial compliance with any requisition of the
Code, or laws amendatory thereof, especially on the part of public
officers, shall be deemed and held sufficient, and no proceeding
shall be declared void for want of such . compliance, unless ex-
pressly so provided by the enactment.
Seventh. When a bond is required by law, an undertaking in
writing, without seal, is sufficient; and in all bonds where the
names of the obligors do not appear in the bond, but are sub-
scribed thereto, they are bound thereby.
(a) See further on this subject, Constitution of Georgia, Art. 5, Sec. 1, Par. 5.
PRELIMINARY PROVISIONS. 3
Eighth. When a number of days is prescribed for the exercise
of any privilege, or the discharge of any duty, only the first or
last day shall be counted; and if the last day shall fall on the
Sabbath, another day shall be allowed in the computation.
Ninth. In all interpretations, the Courts shall look diligently
for the intention of the General Assembly, keeping in view, at all
times, the old law, the evil and the remedy. Grammatical errors
shall not vitiate, and a transposition of words and clauses may be
resorted to when the sentence or clause is without meaning as it
stands.
§5. The following meaning shall be given to each of the follow- Meaamg
ing words in all statutes, unless a different meaning is apparent terms. '
from the context:
'' Property''' includes real and personal property.
^' Personal Property''' includes every thing except interests ex-
ceeding a lease-hold in lands, tenements, and hereditam.ents.
Stocks in incorporated companies, though the object of the com-
pany is necessarily connected with the land, shall be held as per-
sonal property.
'^Person'' includes a corporation and persons of color.
'^ Writing'' includes printing and all numerals.
''"Oath" includes affirmation.
'■' Signature ^" or .'Subscription^" includes the mark of an illit-
erate or infirm person.
'' Lunatic" ""Insane" or "• Non-Compos-Mentis" each includes
all persons of unsound minds.
'^ Negro" includes mulattoes.
""Person of Color" means all such as have an admixture of
negro blood.
'' Justice" when applied to magistrates, means Justice of the
Peace.
'-^Preceding" and ''Aforesaid" mean generally next before, and
"Folloiving" next after, unless the context requires a different
signification.
"3fonth" means a calendar month.
"Year" means a calendar year.
"Seal" shall include impressions on the paper itself, as well as
impressions on wax or wafers. With the exception of official seals,
a Scrawl^ or any other mark intended as a seal, shall be held as
such.
"Highway" or "Road" includes bridges upon the same.
PRELIMINARY PROVISIONS.
Future
eration
§6. Laws prescribe only for the future; thej can not impair the
^P" obligation of contracts, nor generally have a retrospective opera-
laws. ^Jqj^^ Laws looking only to the remedy or mode of trial, may
apply to contracts, rights, and offenses entered into, accrued, or
committed prior to their passage; but in every case a reasonable
time subsequent to the passage of the statute should be allowed
for the citizen to enforce his contract, or protect his right.
§7. Laws, after promulgation, are obligatory upon all inhabi-
oni^™^*^^ tants of this State, and ignorance of the law excuses no one.
§ 8. The validity, form, and effects of all writings or contracts are
Lex Loci, determined by the laws of the place where executed. When such
writing or contract is intended to have effect in this State, it must
be executed in conformity to the laws of this State, excepting wills
of personalty of persons domiciled in another State or country.
§9. The laws of other States and foreign nations shall have
€omity of no forco and effect of themselves within this State, further than is
states. . . .
provided by the Constitution of the United States, and is recog-
nized by the comity of States. The Courts shall enforce this
comity, until restrained by the General Assembly, so long as its
enforcement is not contrary to the policy or prejudicial to the
interests of this State.
§10. Laws made for the preservation of public order or good
Waiver of morals Can not be done away with or abrogated by any agreement;
but a person may waive or renounce what the law has established
in his favor, when he does not thereby injure others or affect the
public interest.
§11. If there is a law in force at the time of the adoption of
Local laws, this Codo, having entirely a local application, such local law is
not repealed by this Code, unless so expressly declared.
§12. All bonds taken from public officers shall be kept in the
Bonds of places specified by law, and copies thereof shall be furnished to
cers. any person desiring them. Suits thereon may be brought by any
person aggrieved by the official misconduct of the officer, in his
own name, in any Court having jurisdiction thereof, without an
order for that purpose.
§13. All bonds taken by public officers, under the laws of this
Konds taken State, shall bc returned to the offices specified by law; and any
bypublicof- . i , • i • , . , .
fleers. person interested therein may bring suit thereon, m his own name,
in any Court having jurisdiction thereof.
§ 14. All books kept by any public officer, under the laws of this
inspectionof State, shall be subject to the inspection of all the citizens of this
State, within office hours, every day except Sundays and holidays.
ART I. •
THE POLITICAL AND PUBLIC ORGANIZATION OF
THE STATE.
TITtE I.
DIVISIONS AND JURISDICTIONS
CHAPTER I.
OF THE BOUNDARY, SOVEREIGNTY, AND JURISDICTION OF
THE STATE.
Article 1. — The Boundary of the State.
Article 2. — The Sovereignty and Jurisdiction of the State,
Article 3. — Coast Survey.
ar;ticle l
THE BOUNDARY OF THE STATE,
SECTIO^^
15. Boundary of the State.
16. Line between Ga. and S. Carolina.
17. Between Ga., N. C, and Tennessee.
Section.
18. Between Georgia and Alabama.
19. Between Georgia and Florida.
^ 15. The boundaries of Georgia, as deduced from the Constitu- Boundaries
^ of the State
tion of Georgia, the Convention of Beaufort, the Articles of of Georgia.
Cession and Agreement entered into on the 24th April, 1802, the
Resolution of the General Assembly of December 8th, 1826, and
the adjudications and compromises affecting Alabama and Florida,
are as follows:
From the sea, or the mouth of the river Savannah, along the
stream thereof to the fork or confluence made by the rivers Keo-
wee and Tugalo, and thence along said river Tugalo until the
fork or confluence made by said Tugalo and the river Chattooga,
and up and along the same to the point where it touches the
northern boundary line of South Carolina and the southern
boundary line of North Carolina, which is at a point on the thirty-
6 PT. 1.— TIT. 1.— CHAP. 1.— Boundary, Sovereignty, etc.
Article 1.— The Boundary of the State.
fifth parallel of north latitude, reserving all the islands in said
rivers Savannah, Tugalo, and Chattooga, to Georgia ; thence on
said line of said Ihirty-fifth parallel, from said point of intersec-
tion, and on and along said line west, to a point where it merges
into and becomes the northern boundary line of Alabama — it being
the point fixed by the survey of the State of Georgia, and known
as Nickajack; thence in a direct line to the great bend of Chat-
tahoochee river, called Miller's Bend — it being the line run and
marked by said survey: and .thence along and down the western
bank of said Chattahoochee, along the line or limit of high-water
mark to its junction with Flint river; thence along a certain line
of survey, made by Gustavus J. Orr, a surveyor on the part of
Georgia, and W. Whitner, a surveyor on the part of Florida, be-
ginning at a fore-and-aft tree, about four chains below the present
junction; thence along this line east, to a point designated Thirty-
Seven Links North of Ellicott's Mound on the St. Mary's river;
thence along the middle of said river to the Atlantic Ocean, and
from thence to the mouth or inlet of said Savannah river, to the
place of beginning; including all the lands, waters, islands, and
jurisdictional rights within said limits, and also all the islands
within twenty marine leagues of the sea coast.
§16. The boundary between Georgia and South Carolina shall
Line be- \)q iY^q ij^ie described as runnins; from the mouth of the river
tween Geor- o
giaands. 0. Savannah, up said river and the rivers Tugalo and Chattooga, to
the point where the last-named river intersects with the thirty-fifth
parallel of north latitude, conforming, as much as possible, to the
line agreed on by the Commissioners of said States at Beaufort
on the 28th April, 1787.
§ 17. The boundary between Georgia and !Morth Carolina, and
twSn Geor- Crcorgia and Tennessee, shall be the line described as the thirty-
a?/^eor°^ia ^^^^ parallel of north latitude, from the point of its intersection
and Tenues- -^j ^^le river Chattooga, west to the place called Nickajack.
§18. The boundary line between Georgia and Alabama shall
Line be-]3e the line described from Nickaiack to '^Miller's Bend" on the
tween Geor- ^ ^*' ^ ^ ■
giaandAia- Chattahoochec, and down said river to its junction with the Flint.
§19. The boundary line between Georgia and Florida shall be
Line be- ^he line described from the iunction of the Flint and Chattahoo-
tween Geor- ^
giaandFia. chee rivors to the point Thirty-Seven Links North of Ellicott's
Mound, on the St. Mary's river; thence down said river to the
Atlantic Ocean.
PT. 1. — TIT. 1. — CHAP. 1. — Boundary, Sovereignty, etc.
Article 2. — The Sovereignty and Jurisdiction of the State.
ARTICLE II.
THE SOVEREIGNTY AND JURISDICTION OF THE STATE.
Section.
20. Jurisdiction as to places.
21. Jurisdiction as to persons.
Section.
22. Governor must defend suits— when.
§20. The sovereignty and jurisdiction of this State extends to sovereignty
all places within the limits of her boundaries, except so far as she uon — as \o
has voluntarily ceded the same to the United States, or adjacent
States, over particular localities.
§21. The jurisdiction of this State and its laws extend to all jurisdiction
... . . . asto persons.
persons while within its limits, whether as citizens, denizens, or
temporary sojourners.
§ 22. When any suit is instituted against the State, or against The Gover-
i ^ n t • 1 1 n i • ^ nor must de-
anv person, m the result oi which the fetate has an interest, fend suits in
, f. 1 . . . • 1 ' • • which the
under pretense of any claim inconsistent with its sovereignty, state is in-
jurisdiction, or rights, the Governor shall, in his discretion, pro-
vide for the defense of such suit, unless otherwise specially pro-
vided for.
ARTICLE III.
COAST SURVEY.
Section.
23. Persons employed in coast survey.
24. Damages to land-owners — awarded.
25. Award — objections thereto, issue, etc.
Section.
26. How costs may be avoided.
27. Amount of the costs.
§ 23. Any person employed under the Act of the Congress of Privileges of
the United States, providing for a survey of the coasts, may enter veyors.
upon lands and clear or cut timber within this State upon the
same, for any purpose legitimately connected with, and requisite
to effect, the said object: provided no unnecessary injury be done
thereby, and all damages to the owner of the land be promptly
paid.
§ 24. If the parties representing the Government of the United Damages to
States, and the owner or possessor of the land so entered upon, ers — how
1 1 'If •11 ' 1 awai-ded.
can not agree upon the amount to be paid for said damages, either
party may complain in a summary manner to the nearest Justice
of the Peace of the County within which the land lies, who shall
associate with him two disinterested freeholders of the County — one
8 PT. 1.— TIT. 1.— CHAP. l.—BouNDARY, Sovereignty, etc.
Article 3. — Coast Survey.
to be named by each party interested — who shall, upon hearing the
parties, and with or without view of the premises, as they may
determine, proceed to assess and award the damages, if any : pro-
vided the party complaining shall give the opposite party ten days'
notice, in writing, of the time and place, when and where, said
complaint is to be heard, and the name of the freeholder by him
selected.
§ 25. The said assessors, without unreasonable delay, shall file
their award in the office of the- Clerk of the Inferior Court of the
County, which shall be conclusive upon both parties, unless objec-
tions are filed to the same within ten days after the filing of the
award. If objections are filed, the other party shall have written
notice; whereupon an issue shall be made and tried at the first
term thereafter of said Court, under the same mles as other civil
cases.
• §26. The person so entering upon lands may tender such
Costs avoid- amouut as he chooses for the damage done, and if the damages
ed by tender o ^ o
of damages, finally asscsscd shall not exceed the sum tendered, the party com-
plaining shall pay all costs.
§27. The costs before the Justice and in the Inferior Court,
Amount of siiall bo the same as are allowed by law in civil cases in said
Courts.
Award —
objections
and trial
of issue.
CHAPTER II.
THE POLITICAL AND JUDICIAL DIVISIONS OF THE STATE.
Article 1. — Counties,
Article 2. — Congressional Districts.
Article 3. — Judicial District and Circuits.
PT. 1.— TIT. 1.— CHAP. 2.— Political Divisions of the State. 9
Article 1. — Counties.
ARTICLE I.
counties.
Sectiojt.
28. Names and limits of Counties.
29. Cases belonging to new Counties.
30. Unexecuted processes transferred.
31. Officers cut off into new Counties.
32. Officers of adjacent Covinty may act.
33. Juries for new Counties.
34. Extra tax in new Counties.
Section.
35. Who may qualify ofBcors.
36. Executors, etc., cutoff into new County.
37. When Counties are divided by a stream.
38. Offenses committed on water courses.
39. Offenses committed on boundary line.
40. Counties entitled to two Rep'sentatives
41. Representation from new Co.— when.
§28. The State is divided into the following Counties, whose
boundaries and limits shall be ascertained by the several acts
laying oif the same, and those amendatory thereof — viz :
Names and
limits of
Counties.
Appling,
Baker,
Baldwin,
Banks,
[Bartow,] (a)
Berrien,
Bibb,
Brooks,
Bryan,
Bullock,
Burke,
Butts,
Calhoun,
Camden,
Campbell
Carroll,
Catoosa,
Charlton,
Chatham,
Coffee,
Columbia,
Colquitt,
Coweta,
Crawford,
Dade,
Dawson,
Decatur,
DeKalb,
Dooly,
Dougherty,
Early,
Echols,
Effingham,
Elbert,
Emanuel,
Fannin,
Fayette,
Floyd,
Chattahoochee, Forsyth
Chattooga, Franklin,
Cherokee,
Clarke,
Clay,
Clayton,
Clinch,
Cobb,
Fulton,
Gilmer,
Glasscock,
Glynn,
Green,
Gordon,
Gwinnett,
Habersham,
Hall,
Hancock,
Haralson,
Harris,
Hart,
Heard,
Henry,
Houston,
Irwin,
Jackson,
Jasper,
Jefferson,
Johnson,
Jones,
Laurens,
Lee,
Liberty,
Lincoln.
Lowndes,
Lumpkin,
Macon,
Madison,
Marion,
Mcintosh,
Meriwether,
Miller,
Milton,
Mitchell,
Monroe,
Montgomery,
Morgan,
Murray,
Muscogee,
Newton,
Oglethorpe,
Paulding,
Pickens,
Pierce,
Pike,
Polk,
Pulaski,
Putnam,
Quitman,
Rabun,
Randolph,
Richmond,
Schley,
Scriven,
Spalding,
Stewart,
Sumter,
Talbot,
Taliaferro,
Tattnall,
Taylor,
Terrell,
Telfair,
Thomas,
Towns,
Troup,
Twiggs,
Union,
Upson,
"Walker,
Walton,
Ware,
Warren,
Washington,
Wayne,
Webster,
White,
Wilcox,
Wilkes,
Wilkinson,
Whitfield,
Worth.
Making 132 Counties.
§29. When a new County is organized, the jurisdiction of all cases to
suits pending in the County, or Counties, from which the new County red tTiew
has been laid off, of which, under the Constitution and Laws of "^ ^'
this State, the new County should have cognizance, is transferred
immediately to the corresponding Court in such new County,
(a) Acts of 1861, p. 101.
10 PT. 1.— TIT. 1.— CHAP. 2.— Political Divisions of the State.
Article 1. — Counties.
together with all the Court papers pertaining thereto, to which
shall be attached the certificate of the Clerk of the Court from
whence they came, that they are the proper papers of the suit,
and the amount of costs accrued therein, the amount then due,
and by what persons paid; for which certificate the Clerk must
receive, from the person asking the transfer, the costs then due,
unless he makes oath that, owing to his poverty, he is not able to
pay the costs.
§ 30. All process (mesne or final) or paper requiring some offi-
cial act to" be done by any officer of the Counties from which the
Unexecuted ncw Couutv is taken, and which can not be done by reason of the
process to ^ "^ ^ ^ *'
be transfer- crcation of Said new County, must, without delay, be transmitted
red to new t/ 7 7 e/ 7
County. \)j the same to the corresponding o&cer in the new County, and if
proceedings have been had thereon, and not finally disposed of,
the officer of the new County must proceed as though the paper
had been originally in his hands ; but publication of the times and
places of sale, and proceedings of like character, shall be in the
manner prescribed by law.
§ol. All ministerial officers in commission, included within the
limits of the new County, hold their commissions and exercise the
Officers cut dutics of their office until their commissions expire and their suc-
county to ccssors are elected and qualified, unless there is more than one for
retain their
com mis- the Same office; and in new Counties organized entirely from one
sions. ' .
County, all the officers of the old County are authorized to exercise
their respective duties in the new County until the proper officers
Officers of are elected and qualified; and Justices of the Peace comprised in
old County ^ t . • t i i
to act until the ucw Couuty, whose districts are not materially disturbed by
new County the liucs of the ucw County, retain their offices and their district
are qualified. "^ ■'
until their commissions expire.
§ 32. When any new County, as organized, is without a person
authorized to act as Clerk, or Sheriff, or both, a corresponding
When there officer in any adioininff County may exercise the duties of such
are no offi- ... .
cers in new officcr, in issuiug, scrviug, and returning process, until said new
«^ss -how County is supplied.
County, pr(
cess —
issued
served. ggg^ rpj^g Justiccs of the Inferior Court of the new County,
aided by the Clerks of the Superior and Inferior Courts and Sher-
juriesfora iff, shall, without delay after their qualification, make a Grand
ty— how or- and Petit Jury box, and draw therefrom, pursuant to law, panels [of
jurors] (a) in time for the succeeding term of the Superior Court;
(a) Acts of 1865-6, p. 71.
PT. 1. — TIT. 1. — CHAP. 2. — Political Divisions of the State. 11
Article 1. — Counties.
and if, by the organization of the new County, the panels already
drawn for the old Counties are disturbed, the Justices of the Infe-
rior Courts of said Counties, or two of them, or one, if only one
remaining, may, at any time before the next term of said Courts,
draw, to supply said deficiency, the requisite number of Grand
and Petit Jurors.
§ 84. The Justices of the Inferior Court of the new County may Extra tax in
. . r» * ^^^ County.
levy, for the first year after their qualification, an extra tax, for
County purposes, of such per cent, upon the State tax as may be
necessary, according to their discretion and the terms of the act
of organization.
§35. The Governor may direct the dedimus potestatmn for the who may
*^, -*■ , qualify new
qualification of said Inferior Court, to the Judge of the Superior officers.
Court of the Circuit, any Justice of the Inferior Court, or Judge
of the County Court, or any Justice of the Peace embraced within
its limits, and in default of either, to any Justice of the Inferior
Court of an adjoining County, and the qualification under it is
legal.
§ 36. Any executors, administrators, or guardians, making re- Executors,
"^ . ' ' & .... etc., cut off.
turns to the Ordinary of the old County, and residing within the
limits of the new County when organized, may make their returns
to, and perform all their ofiicial acts with, the Ordinary thereof;
and when any such act is done, the jurisdiction is changed to the
new County, and such trustee shall file with the Ordinary of the
new County, to be. recorded by him, a certified copy of all his acts
from the Ordinary of the old County.
§ 3T. Whenever a stream of water is the boundary of a County, whenCoun-
^ *' ties are divi-
the iurisdiction of the County shall extend to the center of the ^^^^byawa-
^ "^ *^ ter course.
main channel of such stream ; and if an offense is committed on
such stream, and the evidence on the trial does not definitely dis-
close in which County it was committed, the Courts of either
County may maintain jurisdiction for the trial and punishment of
the offender.
§38. Whenever an offense is committed on the waters of any when water
''course di-
river which forms a boundary between this and any other State, ^Y^^f ^^or-
•^ t/ 7 gia from an-
the whole of which river belongs to Georgia, the County which is other state.
situate on the side of the river opposite the point where the offense
is committed has jurisdiction of the same; and if the evidence on
the trial does not definitely disclose on which side of the line,
between two Counties, at the place where it touches the river, the
12 PT. 1.— TIT. 1.— CHAP. 2.— Political Divisions of the State.
Article 1. — Counties.
offense was committed, the Courts of either County may maintain
jurisdiction.
§ 39. This State claims jurisdiction of an offense committed on
Jurisdiction ^mj of her boundarv lines with other States for the County bor-
oi otFenses »/ «/ J
Hne'bet'ween ^^^^^g ^^ *^^^ P^^^ ^^ ^^^ 1^^® whero the offcnsc was committed,
othe?Stetes! ^^^ ^^ doubtful as to which of two Counties (as set forth in the
preceding Section), for either County, and will proceed to arrest,
indict, try, and execute, until such other State shall make a
demand for the accused as a fugitive from justice; in which event
the progress of the case shall be suspended by order of the Gov-
ernor until the question of jurisdiction is settled.
§ 40. The Counties of Bibb, Burke, [Bartow,] (a) Carroll, Chat-
The coun- }iam, Cherokee, Clarke, Coweta, Cobb, Columbia, Decatur, Floyd,
to two Eep- Fulton, Gordon, Greene, Gwinnett, Hancock, Harris, Hall, Henry,
resentatives ' ' ' ' ' " ^ ' *' '
jjj^^l^^sis- Houston, Jackson, Meriwether, Monroe, Muscogee,*]Srewton, Ogle-
thorpe, Richmond, Stewart, Sumter, Talbot, Thomas, Troup,
Walton, Walker, Washington, and Whitfield, being thirty-seven,
are entitled to two Eepresentatives ; and all other Counties as the
Constitution prescribes.
§ 41. There shall be no representation in either branch of the
6eiStio?fTf Creneral Assembly from any new County until after the next reg-
un«i^nl"i"t ^^^1' election for members of the same, but the Senators and Rep-
twn^aftlMt resentatives already elected from the Counties forming the new
County shall serve out the term for which they were elected, without
regard to their residence in or out of the old Counties ; and all
vacancies by death, resignation, or removal, shall be filled tby the
County where the member resided at the time of his election.
is organized.
ARTICLE II.
CONGRESSIONAL DISTRICTS.
Section. i Section.
42. Congressional Districts. I 43. New Counties — where attaclied.
§42. [Conforming to the last apportionment of members of the
congres- Housc of Representatives of the United States Congress, there
tiicts — of shall be in this State seven Congressional Districts, constituted as
ties each is follows. Until changed by act of the General Assembly — viz :
The First District shall include the Counties of Appling, Ber-
(a) Acts of 1861, p. 101.
PT. 1.— TIT. l.—CHAP. 2.~PoLiTicAL Divisions of the State. 13
Article 2. — Congressional Districts.
rien, Brooks, Brjan, Bullock, Camden, Charlton, Chatham, Clinch,
Coffee, Colquitt, Echols, Effingham, Emanuel, Glynn, Irwin,
Johnson, Laurens, Liberty, Lowndes, Mcintosh, Montgomery,
Pierce, Tattnall, Telfair, Thomas, Ware, and Wayne.
The Second District shall include the Counties of Baker, Cal-
houn, Chattahoochee, Clay, Decatur, Dooly, Dougherty, Early,
Houston, Lee, Macon, Marion, Miller, Mitchell, Pulaski, Quitman,
Bandolph, Schley, Stewart, Sumter, Terrell, Webster, Wilcox,
and Worth.
The Third District shall include the Counties of Campbell,
Carroll, Clayton, Coweta, Fayette, Haralson, Harris, Heard,
Meriwether, Muscogee, Paulding, Talbot, Taylor, and Troup.
The Fourth District shall include the Counties of Baldwin, Bibb,
Butts, Crawford, Henry, Jasper, Jones, Monroe, Newton, Pike,
Putnam, Spalding, Twiggs, Upson, and Wilkinson.
The Fifth District shall include the Counties of Burke, Colum-
bia, Elbert, Glasscock, Greene, Hancock, Jefferson, Lincoln, Mor-
gan, Oglethorpe, Richmond, Scriven, Taliaferro, Warren, Wash-
ington, and Wilkes. ^
The Sixth District shall include the Counties of Banks, Clarke,
Dawson, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Haber-
sham, Hall, Hart, Jackson, Lumpkin, Madison, Milton, Pickens,
Rabun, Towns, Union, Walton, and White.
The Seventh District shall include the Counties of Bartow,
Catoosa, Chattooga, Cherokee, Cobb, Dade, DeKalb, Floyd, Ful-
ton, Gordon, Murray, Polk, Walker, and Whitfield.] (a)
§43. If in the organization of a new County there is an omis- where new
sion to specify to which Congressional District it belongs, it shall lougl^^vheu
be attached to that from which most of its representative popula-
tion has been tal^en, according to the Federal basis, which shall
be determined by the Governor, if necessary, at any time before
legislation, to remedy the omission.
(a) Journal of Georgia Convention of 1865, p. 226 ; Acts of 1865-6, p. 36.
act is silent.
14 PT. 1.— TIT. 2.—C1TIZENSHIP.
Chapter 1. — Who are Citizens.
ARTICLE III.
JUDICIAL DISTRICT AND CIRCUITS.
Section. j Section.
44. Judicial Distinct and Circuits. 1 45. To what Circuit a new County belongs.
§44. The entire State constitutes one Supreme Judicial District,
Judicial and is divided into sixteen Judicial Circuits in reference to the
District and ..... ^ . n i n • r^
Circuits, jurisdiction and sessions of the Superior Court; tables of which
■will be found in P^rt III., Title I.
§45. If any new County is organized with an omission to attach
cxSr a^ nJw it to any Judicial Circuit, it belongs to the Circuit from which
longs. '^ ^' most of its territory is taken.
TITLE II.
OF CITIZENSHIP.
Chapter 1. — WJio are Citizens.
Chapter 2. — As to Expatriation,
CHAPTER I.
WHO ARE CITIZENS.
Section.
46. Who are citizens of Georgia.
47. Who are not white persons.
Section.
48. Persons prohibited from citizenship.
§46. All white persons born in this State, or in any other State
Whoarecit-of this Uuion, who are, or may become, residents of this State,
izens of this .,,. . „ . . , . ^^ ^ • i
State. With the intention 01 remaining herein ; ail white persons natural-
ized under the laws of the United States, and who are, or may
become, residents of this State, with the intention of remaining
herein; all persons who have obtained aright to citizenship under
former laws, and all children wherever born, whose father was a
citizen of this State at the time of the birth of such children, or
in case of posthumous children at the time of his death, are held
and deemed citizens of this State.
PT. 1.— TIT. 2.— Citizenship. 15
Chapter 2. — Expatriation.
§47. Persons having one-eiglith or more of negro or African i^ho are per-
blood in their veins, are not ^hite persons in the meaning of this
Code.
§48. 'No person transported or banished from other countries who cannot
r»TTTTr( r ••!• become citi-
or States, withm or out of the United btates, for crime involving zens of tws
. . . , . . . % state.
moral turpitude, are . When a person, charged with the commission of an offense Howfugi-
in some other State, shall flee into this, and is pursued and caught, mandedshaii
1 • CI n T T n 1 • ••IT ^® disposed
or some person in this otate, linding, shall arrest mm, it is the duty of.
of the Governor, on oath filed in his office of the commission of
the offense, and the identity and locality of the party, to issue his
warrant for his arrest, as in other cases, and command his lodg-
ment in any jail in the State, for as long as twenty days, and if,
at their expiration, there is no formal demand made by the Gov-
ernor of the State where the offense is alleged to be committed, he
shall be discharged from custody ; but upon affidavit, made before
any proper officer, of the commission of the offense and of such
intended application, the accused shall be held under it five days.
§60. When the Governor or other officer issues such, or any officers
must GXG"
other warrant of arrest, it is the duty of the Sheriffs, their Depu- cute war-
ties, Coroners, and Constables, to execute them when placed in
their hands.
§61. The Governor shall, in his discretion, offer, and cause to May offer
be paid, rewards for the detection or apprehension of the perpe- the arrest of
trator of any felony committed within this State; but no such
reward shall be paid to any officer who shall arrest such person in
the regular discharge of his duty, by virtue of process in his
2
18 PT. 1. — TIT. 3.— Executive Department.
Chapter 1. — The Governor: his Powers and Duties not specified in the Constitution.
hands to be executed, nor to any person wlio has arrested the
offender previous to the publication of the reward.
§ 62. He shall have power to appoint, in other States and Ter-
May appoint i.i|;Qj.ies of the United States, Commissioners to take and certify
Commission- ' «/
fu '^^o^rer ^^® acknowledgment or proof of deeds or other conveyance of
states. property in this State, of depositions under commissions or other-
wise, of powers of attorney, (of wills executed by persons devising
or bequeathing property within the State,) and of other instruments
in writing required to be attested under the laws of this State.
§63. He shall grant commissions to all such officers of this
commissions State, including Senators and Kepresentatives in Congress, as are
dect if tMs I'equired to Jiold them, and in all cases he may, in his discretion,
state. issue a dedirrms potestatem to such officers as are authorized to
administer oaths requiring the qualification of the officer elect, as
provided by law, and to issue to him his commission. The forms
of all commissions shall be in the discretion of the Governor.
Commissions thus issued are final, except where the Constitution
and laws otherwise provide.
§64. He shall issue all grants to lands under the laws of this
^r^a^ntsTo State, but such shall not be conclusive, but subject to the investi-
'^^^' gation of the Courts; and whenever such are declared by the
proper Court to have been wrongly issued, it is his duty to issue
another grant in accordance with such decision, if it so requires.
§ 65. He shall have general supervision over all property of the
Shall super- State, with powcr to make all necessary regulations for the pro-
vise public ' ■»• ./ o r
propertyand tection thcrcof, whcu not otherwise provided for. He must assign
assign to om- 7 r o
tffcapitoi!^ rooms in the Capitol to all officers who must hold their offices
there, and, in the absence of any legislative provision, designate
the purpose for which other rooms are to be applied.
§ ^Q. He shall appoint all officers and fill all vacancies, unless
Shall ap- otherwise prescribed by the Constitution and laws. All appoint-
pomt officers 1 ./ i 1 ,
canc^es^^^not ^^^^^ to dischargo a public duty, by the General Assembly, or
provided for. ^j ^]^g Govcmor undcr its authority, are declared to be offices
within the meaning of the Constitution.
§67. He has the power of appointing the following officers,
May appoint y^^Q shall hold their offices durinajthe time for which he is Gover-
and remove o
rie^sanToth- ^^^' subjcct to be romovcd at his pleasure — viz:
er officers.
[Two] (a) Secretaries of the Executive Department;
(a) Constitution, Art. 3, Sec. 3, Clause 10.
PT. 1. — TIT. 3. — Executive Department. 19
Chapter 1. — The Governor : his Powers and Duties not specified in the Constitution.
A Messenger for his office ;
A State Librarian ;
A guard for the Capitol buildings ;
A person to keep the Capitol grounds and other State proper-
ty at the seat of Government in proper order.
§68. He shall also appoint all the officers of the following May appoint
State Institutions named in this Code, and laws hereafter enacted the Asylums
. Ill ^"^ officers
amendatory thereof, unless menials, servants, day-laborers, or of the w. &
otherwise required — viz: keeperofthe
-•• arsenals.
Officers of the Penitentiary;
Trustees of the Lunatic Asylum ;
Trustees of the Asylum for the Deaf and Dumb ;
Trustees of the Asylum for the Blind ;
Officers of the Western and Atlantic Railroad ;
Keepers of the Arsenal and Public Arms.
§ 69. And he has power to engage the services of any com- May em-
petent person for the discharge of any duty required by the laws, agents —
and essential to the interests of the State, or necessary, in an
emergency, to preserve the property or funds of the State.
§70. The Governor may suspend the collection of the taxes, or May sus-
any part thereof, due the State, until the meeting of the next lection of
General Assembly, but not longer ; nor shall he otherwise interfere
with the collection thereof.
§ 71. All payments from the Treasury, unless otherwise pro- payments
vided, shall be made upon the warrant of the Governor, and hcTreaTury —
may withhold his approval on any account audited and certified by
the Comptroller General. The warrant shall always specify on
what appropriation or fund it is drawn.
§ 72. The Governor shall cause to be kept and preserved in the shaii cause
, -, ft , to be kept a
Executive Office the followinai; books of record : joumaictMs
^ . , , official acta.
1. A journal or minute book, showing all of his official acts.
2. A book of appropriations, in which shall be entered a full a book of
account of all annual appropriations, setting forth the amounts tfons?^^'^^^
under their appropriate heads, together with the date of his war-
rant for such appropriation, and in whose favor drawn.
3. A book giving a statement of the public debt of the State, a boot of
the dates and numbers of the bonds issued, in whose favor, and debt.
for what amounts, the date of payment and the disposition thereof;
also, a full and accurate account of all sums of money that are set
apart as a sinking fund for the redemption of the public debt, par-
20 PT. 1. — TIT, 3. — Executive DepxIrtment.
Chapter 1. — The Governor : his Powers and Duties not specified in the Constitution.
ticularly setting forth the amount for the several specific purposes^
when drawn, and in whose favor drawn.
4. A book in which shall be kept copies of all bonds of agents,
bonds^'^ami disbursing public funds ; also a schedule of all bonds and other
the state!^ cvidences of debt due to the State, and the disposition made thereof.
A book of 5. A book of commissions, showing the dates when issued, for
onfficers.^ all officers, civil and military, in this State.
A book of ^* -^^ook showing the exact condition of the Educational Fund
tionafFund ^^ ^^^^ State, and the annual income thereof.
7. A book or books containing a list of the respective numbers,
Aland book, districts, scctions, and Counties of the several lots of land dis-
posed of by the several land lotteries, and the names of the
drawers of each, to whom and when granted, and a similar sched-
ule of all lands sold by the State, by whom purchased, and to
whom and when granted.
8. He shall also keep, and cause to be carefully filed away,
An imiex^to properly marked or numbered, 'all documents appertaining to his
office, whether there as the place of deposit or received by mail
or express, and keep a book as an index or key to the same.
9. And any other books or files that, in his judgment, his De-
^Ij'booTs'' partment needs.
§73. There shall be a seal of the Executive Department. The
se^f^^"^^^^^ device shall be the same as that now used therein, and shall not be
altered except by authority of the General Assembly.
CHAPTER II.
THE EXECUTIVE OFFICE AND RESIDENCE OF THE GOVERNOR.
Section. - i Section.
74. Where Executive Office must be kept. I 75. Where the Goyernor must reside.
§74. The Executive Office shall be in the State House at the
Where the seat of Government. If, from any cause, there is no State House,
Executive 5 »/ 5 ->
Office shall or it has to be abandoned, then at such place at the seat of Gov-
be. .
ernment, as the Governor may direct, and not elsewhere, unless
made necessary from invasion, insurrection, pestilence, or rebellion.
§ 75. The Governor shall reside at the seat of Government dur-
Governor's . i • , on*
residence, mff his term 01 omce.
PT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 21
Article 1. — The Secretary of State.
CHAPTER III.
THE SECRETARY OF STATE, TREASURER, AND COMPTROLLER
GENERAL,
Article 1. — The Secretary of State,
Article 2. — The State Treasurer.
Article 3. — The Comptroller Gfeneral.
ARTICLE I.
OF THE SECRETARY OF STATE.
Section.
76. Bond of Secretary of State.
77. Must reside at the Capital.
78. Must furnish applicants with records.
79. He shall receive no perquisites.
Section.
80. Sec. State and Surv. Gen. consolidated.
81. The Great Seal of the State.
82. Other duties.
83. Shall not speculate in wild lands.
§76. Before enterifig on the duties of his office he shall exe- Bondofthe
cute a bond with sufficient securities, to be approved by the Gov- state.'
ernor, in the sum of ten thousand dollars, conditioned for the
faithful performance of all the duties of his said office and all
such duties as shall be required of him by the General Assembly
or the laws of this State, and for a faithful account of all the
public money or effects that may come into his hands during his
continuance in office. It shall be filed in the Executive Office, and
a copy thereof, certified by one of the Governor's Secretaries, certified
1 ./ ^ t/ -' copy evi-
under the seal of the Executive Department, shall be received in <i°^ce.
evidence in lieu of the original in any of the Courts of this State.
§ 77. He shall be provided with suitable apartments in the State He shaii
Capitol, furnished at the State's expense. He shall reside at thefice in the
Capital, and keep his office open daily, Sundays and holidays ex-
cepted.
§ 78. He shall furnish to all applicants, upon the payment of He shaii
the prescribed fees, copies of all records and public documents ofTecordT^
within his office, and shall attach the Great Seal of the State to
such transcripts as the Governor or General Assembly may direct.
§ 79. He shall receive no perquisites for any official act, but the He siiaii
fees prescribed shall be collected by him, and paid into the State quHtes.^*^^
Treasury.
§80. [The offices of Secretary of State and Surveyor General sec.of state
T1T170 f rn and Survev-
are consolidated, and the oecretary of State is required to discharge ^^ General
, ■*■ " consolidated
the duties of both of said offices.^ (a)
(a) Acts of 1865-6, page 249 ; Acts of 1861, page 72.
22 PT. 1.— TIT. 3.— CHAP. 3.— Executive Depaktment.
Article 1.— The Secretary of State.
1. It is his duty to keep the Great Seal of the State, the origi-
He shall nal Acts passed bv the General Assemble, and all the public re-
keep the seal r »' ^ ^ ./ ? 1
and certain cords of the State not appertainina; specially to other offices. He
records and i a. o a j
papers. shall look to and preserve the records and papers belonging to
the Senate and House of Representatives. He shall see that the
original Journals of both Houses are deposited in and kept in his-
office.
2. He shall attest all grants, and other public documents re-
te8f%^rants Gfjiiring thc Great Seal of the State, issuing from the Executive of
andotherpa- V q,
pers. LUc OLdit;.
Shan keep ^* -^^ shall keep a record, in proper books, of all grants issued
|,Sr' "' by the State.
4. He shall keep safely all bonds of agents appointed to dis-
bondsl^ ^^^^ burse public money.
5. He shall provide all fuel, lights, servants, or other contin-
shaii fur- gcnts ncccssary for the General Assembly ; also, all stationery for
nish fuel, . pi* •» t-i-
lights, sta- their use, and shall report the amount oi the same to the lUnance
tionery, etc.,
for the Gen- Committee of the House of Representatives before the adiourn-
eral Assem- ^ ^ "^ ^
^ly- ment of the session. He shall perform all other duties required
of him by law, or which necessarily attach to his office.
§ 81. The Great Seal of the State, adopted February 8th,
Great Seal 1799, and now ou dcposit in the office of Secretary of State, is as
to be kept m ' ^ ./ 7
his office. follows I
1. It is of silver, and the size of two-and-a-quarter inches in
Description diameter.
©f Seal.
2. The device on one side is a view of the sea shore, with a
ship bearing the flag of the United States riding at anchor near
a wharf, receiving on board hogsheads of tobacco and bales of
cotton, emblematic of the exports of this State ; at a small dis-
tance a boat, landing from the interior of the State, with hogs-
heads, etc., on board, representing her internal traffic ; in the
back part of the same side a man in the act of plowing, and at
a small distance a flock of sheep in different pastures, shaded by
a flourishing tree ; the motto thereon, Agriculture and Commerce,
1799.
3. The device on the other side is three pillars supporting an
arch, with the word Constitution engraven within the same, em-
blematic of the Constitution, supported by the three Departments
of Government — viz., the Legislative, Judicial, and Executive —
the first pillar having engraven on it ''Wisdom," the second
" Justice," the third " Moderation ; " on the right of the last
PT. 1.— TIT. 3.— CHAP. 3.— Executive Department.
23
Article 1. — The Secretary of State.
pillar a man standing with a drawn sword, representing the aid
of the military in the defense of the Constitution ; the motto,
State of Georgia, 1799.
§ 82. The Secretary of State shall also discharge the following
duties heretofore devolving on the Surveyor General — to wit :
1. To keep safely all the records of plats of land granted, and Eecordof
to report the condition of such records to the Governor at least
once a year.
plats.
2. To record all plats of land legally authenticated and return- to record
plfl-tS.
ed to him by the several County Surveyors, or other surveyors
acting by authority, for which grants are sought, and to attach the
originals thereof to the grants.
3. To keep in his office correct maps of all the different surveys shaii keep
(made by State authority) and of those comprising the land lotte- y^ys.
ries, their divisions into numbers, districts, sections, and the like,
having for every district a separate map.
4. To keep a register of the. various sfrantees thereto, and the shaiikeep
I o o 'a register of
dates of the grants. grantees.
5. To keep correct maps of all surveys of rivers, harbors, Must keep
swamps, or land, made by the special direction of the General As- veys of aii
, , rivers, etc.
sembly.
6. He shall, when necessary, contract for the execution of new May have
• r» • r» T T 1 • "^'^^ maps
maps, or the re-execution of, or repau'S of, old maps, subiect to the made, and
ratification of the General Assembly. paired.
7. He must certify under his official seal, as the Comptroller Must give
n 1 ' T t • n • ^/^/^ COpleS Of pa-
(jrenerai is directed in Section 100. pers.
§ 83. He shall not, directly or indirectly, be interested or enga- shaii not
ged in the purchase and sale of wild lands on speculation, on pain \wknands.^^
of removal by the Governor or the General Assembly.
ARTICLE II.
THE STATE TREASURER
Section^.
84. Treasurer's bond.
85. His rights and duties.
86. His duties specified.
87. His office subject to inspection.
Section.
88. Must settle with successor — when.
89. How dealt with on failure to settle.
90. He shall keep a book of State bonds.
91. May have a clerk — salary.
84. The State Treasurer must give a bond, conditioned the Trea
same as that of the Secretary of State, for the sum of two hun- bond.
must give
24 PT. 1.— TIT. 3.— CHAP. 3.— Executive Department.
Article 2. — The State Treasurer.
dred thousand dollars, and subject to the same rules and regula-
tions. ♦
§ 85. His rights and duties are the same as those of the Secre-
His rights tary of State, set forth in Sections 77 and 78, except the use of
and duties ,^ ctiTTin •
same as tiie the Great Seal. He shall receive no perquisites for anv official
Secretary of « . -^ -"■ '^
State. act, but the lees prescribed shall be collected by him and paid into
the State Treasury.
§ 86. It is moreover the duty of the State Treasurer —
O.. To receive and keep safely all the money which shall be paid
— "how'^ke^t *^ ^^"^ ^^ behalf of the State, [giving certificates therefor, which
and disburs- certificates shall specially set forth the amount, on what account,
and by whom paid, and shall be lodged as vouchers in the Comp-
troller's office,] (a) and to pay out the same, only upon the
warrants of the Governor, when countersigned by the Comp-
troller General, excepting the drafts of the President of the Sen-
ate and Speaker of the House of Representatives, for the sums
due to the members and officers of their respective bodies.
2. To keep in his office a book, in which shall be entered all
Shall keep a -warrants drawn on him bv the Executive, stating in whose favor
book of war- •' ^ ^
rants drawn drawn, the date, the amount thereof, and to what fund charged,
on him. 3-7 7 o 7
and to retain and file away carefully all such warrants.
3. To keep annually an account of all taxes that may be due
His duty as and Unpaid by the several chartered banks, and to enforce the
toanaccount tt. ^ r» it it ' r i i
of taxes. collection thereoi, agreeable to the laws m lorce ; also to keep an
account of all taxes paid into the Treasury annually by the Tax
Collectors of the several Counties. An abstract of these accounts
must be laid before the Governor.
4. And preceding each annual session, he must submit to the
Must sub- Governor detailed estimates of the probable receipts and expendi-
m'.t estimate ••■ *■ '■
of probable turcs, for the next fiscal vear, stating the sources of income and
receipts and ' ^ ^ o
expenditure. ^]r^Q probable amouuts to be received therefrom ; also the objects
of appropriation and the probable necessities of the Treasury.
5. To pay all funds pledged to the payment of the public debt
Must pay Or interest thereon, or to any object of education, and to these
pledged or i i • • i n .
appropriated objccts ouly, aud lu nowisc to any other purpose ; all payments
per objects, from the Treasury shall be paid from the fund appropriated for
such purpose, and not from any other.
6. At the end of every quarter of the year to make a written
Must make report, on oath, to the Governor, of the several amounts received
quarterly re- •'• ^
ports to the \)j him during the three months preceding such report.
(a) Acts of 1861, p. 81 ; Cobb's U.D., pp. 1023-33.
PT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 25
Article 2. — The State Treasurer.
7. To keep safely the scrip for bank stock, the State bonds, shaiikeep
and other evidences of the Educational Fund, and manage and bank^gtoS',
control the same for the purposes to which they are pledged. He ^*^*
may, under the direction of the Governor, deposit all funds set
apart for the purpose of Education, or any other purpose not re- under the
•ir.- . 1 Tiii-c^ Governor's
quired for immediate use, in any chartered bank of this State, direction, he
- •' ^ . I2i3.y deposit
biect to his draft as Treasurer, and with the Governor make{"nds in
V ' bank.
such contract with said bsenk for the use of such funds as may
be beneficial to the State.
8. He shall not, under any circumstances, use himself, or allow shaiinotuse
' '^ . ' the funds of
Others to use, the funds of the State in his hands; and for every the state,
violation of this section, he is liable to the State for the sum of
five hundred dollars as a penalty, or a forfeiture of salary, if said Penalty.
forfeiture will pay the penalty incurred.
9. He is authorized to pay all ofiicers of the State whose sala- He naay pay
lies are fixed by law seventy-five per cent, of the amount for of salaries*
which service has actually been rendered at the date of said pay- warrants.
nient, taking receipts for the same, which shall be his vouchers
and offsets to Executive warrants for said salary ; and may also
pay members of the General Assembly in the same way, when
their accounts are duly audited, unless prevented by the resolution
of either or both branches of the General Assembly.
10. He shall annually report to the Governor the amount of shaii report
J -t amount and
the State debt bearing interest for each year, distinguishing be- fSic"debt°
tween the sterling bonds, if any, and federal ; the rate per cent,
paid upon each kind of bonds ; the amount upon each rate paid ;
also the exchange, if any, and the aggregate amount of interest
paid in each year, and the amount due and unpaid at each semi-
annual payment, and the reasons for such non-payment.
11. When he pays the interest or principal of the State debt JlJ^lhe'^g^x^ec-
upon a warrant issued in his favor, he shall deposit in the Execu- "^'^'^ ^^^®
A • ' I. coupons or
tive Ofiice coupons, or bonds, on which the payments are made, ^^^^^•
there to be marked " Paid" and filed away, subject to the order of the
General Assembly.
12. He shall not pay any appropriation due and not called for shaii not
. . ,.. p, . P^y appro-
within six months after the expiration of the political year for pri^tionsnot
_ -^ i ./ called forwi-
which it is appropriated, but it reverts to the general fund in the J!"" ^ si'*'^^
Treasury.
13. All reports required to be made to the Governor by the
Treasurer shall be made annually, on or before the 15th of Octo-
26 PT. 1.— TIT. 3.— CHAP. 3.-— Executive Department.
Article 2.— The State Treasurer,
ber, and shall be filed in his office, and by him laid before the
All reports ^ . .
made to the General Assembly in connection with his first annual message
Governor to "^ "
be filed. thereafter.
§ 87. The Governor may exercise a general superintendence
Treasurer's over the offic(^ of State Treasurer not inconsistent with the pro-
office sub- .. •IIP'II T
ject to Gov- Visions prescribed tor it by law, and may, at any time, appoint
spection. somc Competent person to examine into the state of such office, for
any period of time he may designate, 'and report its condition to
Governor him, and sliall have power to require of such Treasurer to with-
may order
deposit to be draw the public funds from any place of deposit deemed unsafe by
withdrawn. ^ ^ ./ i i ./
him.
Treasurer § 88. If the Treasurer resign, or is removed, he must, within ten
must^se\tie days thereafter, state his accounts and deliver the books, papers,
cessor in ten and moucy of the Treasury to his successor, taking his receipt
_ \ ,, therefor, and the Comptroller must record a statement of such
Comptroller ' ^
Su*ie^ment Settlement and receipt in his office, and report the same forthwith
"n w/oS2?.' to the Governor.
§ 89. If the Treasurer fail to comply with the provisions of the
HowTreas- preceding section, or if he dies, absconds, or absents himself with-
withwhenhe out sufficicut causc for as long as thirty days, the Comptroller,
is in default. .. ^, ... ,,... ,,.
alter giving ten days notice, by publication m some public gazette
at the seat of Government, must proceed, and in the presence of
any person who may appear in behalf of the late State Treasurer,
to state his account and deliver the books, papers, money, and all
other appurtenances of the office, to his successor, taking his re-
ceipt therefor, and record and file such statement and receipt in
his office, and report forthwith to the Governor.
§ 90. The Treasurer shall keep a book in which he shall record-
shaii keep a a description of all the bonds heretofore or hereafter issued by
bonds, and tliis State, and in said book shall note all bonds paid, and the date
their pay- . pi*
ment. of payment, and all coupons paid on each, and the date of their
payment.
§91. [The Treasurer is authorized to employ a suitable person
May appoint as clerk to assist him in the duties of his office, and to remove
clerk. him at his pleasure ; and such clerk shall receive a salary of six-
saiary. tccu hundred dollars per annum.] (a)
(a) Acts of 1863-4, page 77 ; Acts of 1865-6, page 250.
PT. l.~TIT. 3.— CHAP. 3.— Executive Department.
27
Article 3. — The Comptroller General.
ARTICLE III.
OF THE COMPTROLLEE GENERAL.
Section.
92. Comptroller's bond.
93. His rights and duties.
94. His duties specified.
95. Anniial report to the Governor.
96. His authority.
97. Improvements in revenue laws.
98. Book of appropriations and warrants.
Sectiox.
99. Bonds of Tax Collector and Receiver.
100. Must give copies of office papers.
101. Delivery of office to successor.
102. Additional fees.
103. Additional duties.
104. Shall not speculate in wild lands.
105. May have clerk — salary.
His rig-lits
and duties.
Shall keep
an account
^ 92. The Comptroller General must siive a bond, conditioned Bond of
\>TO( f^ c-t (^ 1 n Comptroller
the same as that of the Secretary of State, for the sum of twenty General.
thousand dollars, subject to the same rules and regulations.
§ 93. His rights and duties are the same as those of the Secre-
tary of State, set forth in Sections 77 and 78, except the use of
the Great Seal. He shall receive no perquisites for any official
act, but the fees prescribed shall be collected by him and paid into
the State Treasury.
§ 94. It is moreover the duty of the Comptroller General —
1. To keep an account showing the several appropriations author- ofappropria
ized by law, the time when the same are drawn from the Treasury,
iii whose favor, and to what fund charged.
2. To [examine, check, and] (a) countersign all warrants upon countersign
the Treasury drawn by the Governor, [President, and Speaker, ^^^"^^ ^*
and charge the amount thereof to the funds on which they may
be respectively drawn, previous to their being presented to the
Treasurer for payment.] (b)
3. To audit all accounts against the State, and allow or reiect Must audit
^ *^ accounts vs.
the same before they are submitted to the Governor. the state.
4. To examine all the digests of tax returns forwarded to his Mustexam-
othce by the several Keceivers, and note and correct all mistakes tify tax di-
gest.
therein, and notify the Collector of such corrections.
5. [To settle with the several Tax Collectors and all other per- Mus»settie
sons indebted to the State, and in all cases where payments may lectors, and
be made at the Treasury to give receipts for the same, founded
on the Treasurer's certificates.] (c)
6. To collect all amounts due from defaulting Collectors of Taxes, P«"^«*^ 7^^*
o 7 ]s due from
and issue execution therefor, against them and their securities.
(a) Acts of 18G1, pai^e 81, and Cobb's Digest, pages 1022-23. (b) Acts of 1861,
page 81, and Cobb's Digest, pages 1022-23. (c) Acts of 18G1, page 81, and Cobb's
Digest, pages 1022-23.
defaulting
Tax Collec-
tors.
28 PT. 1.— TIT. 3.— CHAP. 3.— Executive Department.
Article 3.— The Comptroller General.
7. To see that no draft or warrant be countersigned bj him, to
Comptroller jbe paid out of any appropriated fund, after the same has been
andTreasur- ■'• ,/ i. l x 7
er liable for exhausted ; and in such case, or in any case of illesral payments
all uioneys ' <. ' ^ or*/
paid impro- fj-Qj^rj the Trcasurj upon warrants countersigned by the Comp-
troller, he, as well as the Treasurer, with all their securities, are
jointly and severally liable upon their several bonds for the repay-
ment->of such amounts, with all expenses of prosecution, to the
State.
8. To issue his draft, payable to the Treasurer, for the amounts
draftfortax- of all dividcuds or taxes due by chartered banks in this State, or
es due from • p p • i i i r» -i ^
banks; if not by the acrencics 01 loreio-n banks, and on lailure to pay the same,
paid, issue "^ . ^ . . ^ ' ^ *^ '
execution, to issuc exccution thcrcfor.
9. To receive and keep safely and collect all evidences of debt
receive all ^^^q ^q ^Jjq State from any other source than taxes, and pay over
moneys due «' 7 r */
Treas(frer^^ the Same to the Treasurer as soon as received.
10. To notify the Attorney and Solicitors General, or any other
q5re™r^'^)oS Attomcy, iu his discretion, of all executions against defaulting
ney™ami"so- Tax CoUcctors, and require of them annually a report of the state
^ici^ois en- ^^ condition of such executions prior to the session of each Gen-
eral Assembly.
Sfnds^^s^ncl 11- To kccp a book in which to enter all bonds taken since the
odSnTis.^'*" third day of March, 1856, and to file the originals in his office.
Shall cause 12. To havc made suitable indexes to the record books in his
books to be ^y*
indexed. OlllCe.
13. To audit the accounts of all agents disbursing public
accounts. monCV.
Shall annu- ^ ^^* "^0 make a report annually to the Governor, showing —
to W^Gov- ^' ^^ account current, from his books, between the Treasurer
ernor. ^^^ ^]^g State of all reccipts and payments, including amounts
paid on the drafts of the President and Speaker, as reported to
him by the Treasurer.
2. A statement of the taxes paid to the State by each of the
b "^'^^fa^^^^h bounties, as appears by the digest thereof, and the Counties whose
County. Collectors are in default, and the amount of such default.
3. A statement of all evidences of debt due the State and un-
to'the stfte^ collectcd, wliich may remain in his office, the condition of the
same, the name of the Solicitor or Attorney having it in charge,
and his report of it.
4. A statement of the Educational Fund of the State, its an-
al FaS^'^' nual income, the amounts paid out, when, and to whom.
PT. 1.--TIT. 3.— CHAP. 3.— Executive Department. 29
Article 3. — The Comptroller General.
5. A statement of the condition of the public debt of the
State, the amount of interest paid, and the fund from which paid.
6. A statement of the accounts of all officers and agents dis-
bursing public money, and the names of such as have failed to ^f^^^'J^'^jJ^e®
comply "with the laws relating to their offices and appointments, ^sents.
and the several sums for which they are in default. salaries and
7. The salaries and pay of all officers of the State. IZ'^ "®-
8. The incidental expenses of the General Assembly, Executive incidental
••■ "^ expenses.
and Judicial Departments.
9. All sums paid or due to individuals by special contract. onSrSts^
§ 96. He has authority —
1. To settle up the business of the office for previous years. busines?!^
2. To allow Receivers and Collectors of Taxes their commis- aiso, toai-
1 T-i 1 11 iiiinirr» low commis-
sions, and to balance the tax books and other books oi the omce sionstoiax
, Collectors.
. upon satisfactory proof of payment or settlement.
3. To collect all unpaid taxes of previous years. paid taxes.
§ 97. In his annual report the Comptroller General shall sug- He may
1 . • 1 T-> T 1 • • sug.ffost im-
ffest such improvements m the Kevenue Laws as his experience provements
^ . ^ in Eevenue
and observation may approve. His report must be made at the i-aws.
time the Treasurer's is, and likewise communicated to the General
Assembly.
§98. He must keep in his office a well bound book in which Must keep
. 111"! 1 ir»n n 11 books of ap-
shall be entered, m alphabetical order, the full amount of all an- propriations
u n d w a r -
nual appropriations, setting forth the amounts under their several rants.
heads ; all warrants that he may check and pass, together with the ,
fund on which it is drawn, the time, amount, and in whose favor
drawn ; and make all entries necessary to a true exhibit of the
finances of the State.
t^a^/A-f/L^ 99. He must keep a book in which to enter all bonds taken of Must keep
f 7*^' ^ Tax Collectors and Receivers, and keep the same on file in his coiiectorar/d
'jy/y rt^ Receiver's
T^f^ office. He shall collect all unpaid taxes of previous years at a ^on^is-
compensation of five per centum on the amount collected.
§ 100. He must certify under his official seal, at all times when Must give
necessary for the public use, and on application and payment of pefs!^'^^^*'
his legal fees therefor, for private use, copies of any papers kept
in his office.
§101. If the Comptroller resigns, or is removed, he must im- Mustsettie
Ti T . 11T !• • "With succes-
mediately state his account and deliver every thing pertamms; to sor, and de-
. •/or o liver up ere-
his office to his successor; or if he dies, absconds, or absents him- '■^t^'i"i?per-
tainingtohia
self for as long as thirty days without the Governor's permission, *>®'^-
30 PT. 1.— TIT. 3.— CHAP. 3.— Executive Department.
Article 3. — Tlie Comptroller General.
the Governor may without delay declare the office vacant, supply
When office \ \ 5 rr J
m^j be de- his place by appointment, examine the condition of his office and
clared vac- ^ t. x x
ant. deliver over to the appointee.
§ 102. He shall, in addition to his salary, have ten per cent, on
Additional all sums he may collect, except for taxes which necessarily was
the duty of a predeces^r to coUect, and which was not done.
§ 103. The Comptroller General must make out for the use of
What his ii^Q General Assembly-
report must t'
contain. ^ j^ table Containing the taxable property and other items on
the tax digest of each County for the year in which he makes his
annual report.
2. A table annually of the polls in each County for the year
immediately preceding his report ; the number of voters in each
County at the general election next preceding his report ; the
number of children in each County returned for participation in
the Educational Fund and the amount drawn by each County from
said fund ; the amount drawn by each County for pay of members
of the General Assembly ; the total amount drawn by each County
from the Treasury, and the total amount of net tax paid into the
^ Treasury for the year preceding by each County. Also, to furnish
such other statistical information connected with his office as may
be useful to the General Assembly. The annual reports of said
officer and of the Treasurer must contain only the available funds
or cash in the Treasury as the balance therein. They are also
required to report separately and under the head of "Assets be-
longing to the State," all bank or railroad stocks or bonds, or
other assets ; the State Road to be reported without any stipu-
lated value. Such officers are authorized to make such transfers
or alterations on their books as are necessary to comply with the
preceding section. The items " Darien Bank Bills," Western and
Atlantic Railroad script, and uncurrent funds hitherto reported,
must be sealed up, remain in the Treasury, and be left out of all
future annual reports of said officers.
§ 104. He shall not, directly or indirectly, be interested or en-
shaii not gaged in the purchase and sale of wild lands on speculation, on
wild lands, pain of removal by the Governor or the General Assembly.
§ 105. [He is allowed a clerk, to be appointed and removable by
May appoint bim ; and such clerk shall receive an annual salary of sixteen
and remove *^
clerk. hundred dollars.] (a)
(a) Acts of 1862-3, p. 56, and Acts of 1865-6, p. 250.
PT. 1.— TIT. 3.— CHAP. 4.— Executive Department.
31
Article 1. — State Librarian.
CHAPTER IV.
OTHER OFFICERS CONNECTED WITH THE EXECUTIVE
DEPARTMENT.
Article 1. — State Librarian.
Article 2. — Qovernors Messenger and State House Guard.
ARTICLE I.
STATE LIBRARIAN.
Section.
106. Librarian's bond.
107. He must keep the State Library.
108. He must preserve the books, etc.
109. He shall distribute the laws, etc.
110. He must keep a catalogue of books.
Section.
111. He must take and file receipts, etc.
112. He must exchange for reports, etc.
113. His office is subject, etc.
114. He must deliver contents of office.
§ 106. The Librarian must give a bond in the sum of two thou- Must give
sand dollars, with good security, payable to the Governor and his
successors in office, conditioned for the faithful performance of his
duty as State Librarian.
§107. The Library belonging to this State, with such additions Must keep
as may be hereafter made from any quarter, together with all Library.
copies of the Laws, Journals, or other books published or purchased
by the State, shall be kept in appropriate apartments at the Capi-
tol building designated by the Governor, under such rules and
regulations as he may from time to time prescribe.
§ 108. It is his business to preserve, keep in order, and protect Must pre-
said Library, to keep the same open for the inspection of all citi- ryfo^inspS'
zens of the State, and to discharge such other duties in connection
with the Library as may be required of him by law or the Gov-
ernor of the State.
§109. The distribution of the Laws and Journals, Reports of . .?^^^^^ <^^s-
■' ^ tribute Laws
the Supreme Court Decisions, Laws of the United States, and an*d^TtS
all other books required to be distributed to the several Counties ^°^^^-
(of the State) or to be sent to other States, shall be made by the
Librarian, under the direction of the Governor, in pursuance of the
provisions of the law in respect thereto.
§110. He shall make out and keep on hand a catalogue of all Mustkeepa
•*• ° catalogue oi
the books in the Library — to be amended without unnecessary de- ^^^^^'
32 PT. 1.— TIT. 3.— CHAP. 4.-~Executive Department.
Article 2. — Governor's Messenger and State House Guard.
lay from time to time, as he may obtain new books or dispose of
old ones — which shall be printed and kept in his office in two or
more conspicuous places.
§ 111. It is hisr duty to receive from the State Printer the Laws
Must take and Joumals, and when distribution is made to the various Coun-
and file re-
ceipts forties, to take from Clerks of Courts or other distributees their re-
books distn- y
buted. ceipts therefor; likewise all other books required to be distributed.
He must receive and take receipt on the distribution, and keep in
his office a file of such receipts.
§ 112. He must correspond with the proper authorities of other
Mnst effect ^ . .
exchange of Statcs who publish the reports of their hio-hesfc appellate tribunal,
Keportswith . . . on 7
other States, "vvith a vicw to exchange theirs for our Supreme Court Reports.
Hi office ^ ^^^' His office is under the general supervision of the Gov-
the^Govern° ^mor, who may at any time appoint a competent person to exam-
sioL^*^^^^^^ ine into and report its condition to him.
§ 114. If the Librarian resign, or be removed, he must, within
Mustdeiiv- ten davs thereafter, deliver the books, papers, and other contents
er books and , ♦^ , . .
contents of of his officc to his succcssor, taking his receipt therefor, which
ofiice to sue- ' o I 7
cesser. rnust bc filed and recorded in the Executive Office ; and if there is
any deficiency in the books received by him, or other damage done,
the Governor shall have suit brought on his bond.
ARTICLE II.
GOVEHNOR'S MESSENGER ANP STATE HOUSE GUARD.
Section.
115. Governor's Messenger.
116. His duties.
117k Appointment of special Messenger.
Section.
118. Capitol guards— their duties.
119. Number may be changed.
§ 115. The Governor may in his discretion, as the exigency
Governor may require, appoint a Messenger to the Executive Department,
Messenger, or havc that duty performed by some other employee about the
State House, engaged by him under the general authority granted
to him, and when so performed it must be done without additional
compensation.
§ 116. When there is a Messenger, he shall perform such duties
Duties of fQj. the Executive Office, the other officers in the State House, and
Messenger. " '
such other service connected with the State business at the Capitol
as the Governor shall prescribe, and be governed by such rules
and regulations as he may adopt.
PT. 1.— TIT. 3.— CHAP. 5.— Executive Department.
33
Article 1.— Eligibility, Qualification, and Commission of Officers and Vacation of Offices.
§ 117. When there is no Messenger, the Governor may, if oc- Governor
, , T . T ^ p -1 ™ay employ
casion should require, employ some person to periorm any special persons for
service, for a reasonable compensation, such as is the duty oi the vice.
Messenger to perform, but which can not be performed by the
person acting as such.
§118. The Governor shall appoint a guard for the Capitol ^^^;\^j;^ ^Jj
buildings, including the captain of the guard, whom he shall ^^^"" ^^^^^^•
designate as such, whose business it shall be to remain in said
buildings from sundown until sunrise of the next day, every night
in the year, and on Sundays and holidays, to keep watch over the
same and protect them from fire or intruders.
§119. The Governor has power to keep the number of said Number of
■•• ^ _ ■*■ guard may
guard full, when lessened by providential or other cause, and be changed.
adopt such rules and regulations in regard to them, as in his judg-
ment the public service may demand.
CHAPTER V.
GENERAL REGULATIONS AS TO ALL OFFICERS AND OFFICES.
Article 1. — Of Eligihility^ Qualifications, and Commissions,
Article 2. — Official Oaths,
Article 3. — Official Bonds a7id Herein of BiscTiarging Sureties.
Article 4. — Of Delivery of Boohs, etc, to Successor.
ARTICLE I.
OF ELIGIBILITY, QUALIFICATION, AND COMMISSION OF OFFICERS
AND VACATION OF OFFICES.
Section.
130. Persons ineligible to civil office.
121. When ineligible, the next highest.
122. Persons elected, failing to qualify.
123. Residence, seal, and term of office.
124. Commissions under Great Seal.
Section.
125. Commissions under Executive seal.
126. When civil offices are vacated.
127. Vacancy in Executive Office.
128. Resignations seiit to the Governor.
§120. The followins!; persons are held and deemed ineligible to Persons in-
« elio-ible to
hold any civil office in this State, and the existence of either of offices.
the following state of facts is a sufficient reason for vacating any
office held by such person ; but the acts of such person, while hold-
ing a commission, are valid as the acts of an officer de facto — viz :
3
34 PT. 1.— TIT. 3.— CHAP. 5.— Executive Department.
Article 1. — Eligibility, Qualification, and Commission of Ofl3cers and Vacation of Offices.
1. Persons who are not citizens of this State, nor of the age of
Minors, twentj-one years jbr upwards.
2. All holders or receivers of public money of this State, or
T^ose^refus- ^^ij County thereof, who have refused when called upon, or failed
mo^ney^"^^^^ after reasonable opportunity, to account for and pay over the same
to the proper officer.
3. Any person convicted and sentenced finally for any felony,
mmaMurpi- ^"^^^^ the laws of this or any other State, involving moral turpi-
*"^^- tude, the offense being also a felony in this, unless restored by a
pardon from the proper Executive, under the Great Seal of the
State, to all the rights of citizenship.
4. Persons holding any office of profit or trust under the Gov-
Tj.s. officers ernment of the United States (other than that of Postmaster), or
/\T» offir*pr^
under other of either of the several States, or of any foreign State.
States. .
5. Persons of unsound mind, and those who, from advanced age
Persons in- or bodilv infirmity, are unfit to discharsje the duties of the office
sane or in- "^ "^ , °
firm. to which they are chosen or appointed.
6. Those who have not been inhabitants of the State, County,
Those whose District, or Circuit for the period required by the Constitution and
term of res- ' r i ./
idenceis in- ]awS of this State,
complete.
7. All persons from any cause constitutionally disqualified.
wSis^uS- ^^^ officers are eligible to re-election and re-appointment and to
ified. -j^^^i^ other offices, unless expressly declared to the contrary by the
All officers Constitution or laws.
§ 121. If at any popular election to fill any office the person
The person elected is incliofible under the foreeroing rules, the person having
having next -, . •, i r i • t m -i i
highest vote tjie ncxt hisfhest number of votes, who is eligible, whenever a
to an ineli- ° t ^
gibie candi- plurality elects, shall be declared elected, and be qualified and
ClubO 18 61GCt~ ■*■ *'
u 'eKtr*^^ commissioned to such office.
§ 122. Persons who after an election fail to comply with all the
A person prerequisites of the law in order to obtain commissions or certifi-
faiiingtoob- catcs to discharge the duties of the office, are ineligible to re-
mission, is election at the election held, by reason of such failure, for the same
ineligible on
account of office,
the failure.
§ 123. All officers of this State must reside therein at such
Officers places as are designated by law, and discharge the duties of their
must reside ^ ••iiTf»i i
in the State, office Until their successors are commissioned and qualified; and
and hold of- ^
ficc until all officers whose certificate of records or other papers are ad-
successor IS -^ ^
qualified; jjjjggjl^le j^ evideucc in any Court in this State must have and
and must •/
—when. ^^*^ keep an official seal.
PT. 1,— TIT. 3.— CHAP. 5.— Executive Department. 35
Article 1. — Eligibility, Qualification, and Commission of Officers and Vacation of Offices.
§ 124. The following officers must be commissioned, with the what om-
Great Seal of the State annexed thereto, signed by the Governor, commission-
and countersigned by the Secretary of State — viz: Senators and Great seai
T» . • ^ T 1 P 1 o -I M . Of the State.
Representatives m Congress, Judges of the Supreme and Superior
Courts, Attorney and Solicitors General, Reporter of the Supreme
Court, Secretary of State, Treasurer, and Comptroller General,
and all military officers of the grade of general, either of divis-
ion or brigade. Those of all Federal and Judicial officers above
enumerated must be on parchment.
§ 125. All other civil officers of the State or County shall be what offi-
, cers to be
commissioned under the seal of the Executive Department, signed commission-
, -^ ' o g(j under the
by the Governor, and countersigned by one of his Secretaries, ex- seai of ex-
»i ^ o J 7 ecutive De-
cept Constables, whose election shall be certified by the Clerk of p^^*^"^®^*-
the Inferior Court of the County; and such certificate shall oper-
ate as their commission. Ail officers of the militia and of volun-
teer companies, battalions, or regiments, regularly incorporated (of
the grade of lieutenant or higher), shall have commissions under
the seal of the Executive Department.
•■• Offices are
§126. All offices in the State are vacated — vacated by
death.
1. By the death of the incumbent. Byaccept-
•^ ed resigna-
2. By resignation, when accepted. *^^°-
3. By decision of a competent tribunal declaring the office va- By judg-
nient.
cant.
4. By voluntary act or misfortune of the incumbent, whereby ^ ^y yoy^n-
*^ J 7 J tary act, or
he is placed in either of the conditions specified of ineligibility to ^nde^Tg
office, which shall operate from the time the fact is ascertained and JneuSMea^c-
declared by the proper tribunal. • g^f "^ *^
5. By the incumbent ceasing to be a resident of the State, or By a faii-
of the County, Circuit, or District for which he was elected. In cimbent^"o
the first case the office shall be vacated immediately ; in the latter the faw re-
cases, from the time the fact is judicially ascertained. qmres.
6. By failing to apply for and obtain commissions or certificates. By failure
or by failing to qualify or give bond, or both, within the time pre- coiZlisston,
scribed by the laws and Constitution. orquaiy.
7. By abandoning the office and ceasing to perform its duties. By aban-
. - donment of
or either. the office.
§ 127. The resignation of the Governor must be transmitted by How ya-
him to the General Assembly, if in session ; if not in session, to oTfTc'e ^o?
the Secretary of State, who must on the same day notify the mVs^'^^be
President of the Senate. If the office becomes vacant by death, ted!
communica-
36
PT. 1.— TIT. 3.— CHAP. 5.— Executive Depaetment.
Article 2. — Official Oaths.
or any other cause, when the General Assembly is not in session,
the Secretary of State must inform the President of the Senate.
In either case the President of the Senate, -vyhen informed, shall,
within ten days, repair to the Capital and take the oath of oflSce
before any Judge of the Supreme or Judge of the Superior Court,
and the General Assembly, if in session ; which fact shall be en-
President torcd ou the minutos of the Executive Department. If he does not
of the Sen- ...
ate [j}ii°^jj^ SO appear in said time, he shall be considered as having resigned,
the^'^Housf ^^^ *^^ Secretary of State shall then, or in case there is no Presi-
tified ^^ ^° ^®^* ^^ ^^® Senate, inform the Speaker of the House of Repre-
sentatives, and the proceedings shall be the same.
§ 128. The resignation of Senators and Representatives in Con-
what offi- 2;ress, and members of the General Assembly, and of all officers
communi- whose commissions issue from the office of Secretary of State or
cate resigna- "^
tTerSor^^ the Exccutivo Department, and whose places may be supplied by
Executive appointment, shall be made to the Governor.
ARTICLE II.
OFFICIAL OATHS.
Section.
129. Additional oath of public officers.
130. Oath must accompany dedimus.
131. Who may qualify officers.
132. Official oaths must be filed.
133. Where to be filed.
Section.
134. Endorsement of filing.
135. Oaths of deputies to be filed.
136. Failing to take and file oath.
137. When acts are valid without oath.
§ 129. All public officers) besides the oath of office and the
oath^of^'^ub- ^^^^ prescribed by the Constitution (if any), shall swear that he
lie officers, jg j^q^ ^\^q holdcr of any public money due this State unaccounted
for ; that he is not the holder of any office of trust under the
Government of the United States (except Postmaster), nor either
of the several States, nor of any foreign State, and is otherwise
qualified to hold said office according to the Constitution and laws
of Georgia, and will support the Constitution of the United
States and of this State ; and, if elected by any Circuit or District,
that he was- a resident thereof for the time required by the Con-
stitution and laws (stating the time).
Form of ^ ^gQ^ r|ijj £q^j^ ^f -^ ^^^^i. as wcll as the oath of office, to be
oatli to be "J ' '
dedirZi!'^ taken and subscribed, must be forwarded with the dedimus potes-
PT. 1.— TIT. 3.— CHAP. 5.— Executive DepartxMent. 37
Article 2.— Official Oaths.
______________________^ . ■ - ■ - ^
tafem, and be taken and subscribed at the time of receiving the
<;ommissions before the officer to whom the same is directed, and
in conformity to the directions.
§ 131. When not otherwise provided by law, and not directed who may
'^ ^ r ./ 7 qualify offi-
in the dedimus potestatem, the oaths of office may be taken before ^ers.
any officer authorized by law to administer an oath. Such oaths
must be written out and subscribed by the person taking them, and
accompanied by the certificate of such officer specifying the day
and year when taken.
§ 132. Such oaths, when taken by an officer whose general du- ^ y,^ere of-
^ 7 ^ p ficial oaths
ties are not confined to any one County (unless otherwise specially mustbemed
provided), must be filed with the certificate required by the pre-
ceding Section in the Executive Office ; and when taken by an offi-
<3er whose duties are confined to one County, as provided in the
next Section.
§133. When taken by the Justices of the Inferior Court, the where of-
Ordinaries and the Clerks of the Superior Courts, they must be nmst beamed
filed in the office of the Clerk of the Inferior Court, and also en-
tered on the minutes of their respective Courts. When taken by
Sheriis, they must be likewise filed in the office of the Inferior
Courts, and must be entered on the minutes of the Superior
Courts ; and when taken by Coroners, Tax Collectors, or Heceivers,
County Treasurer, Justices of the Peace, or Constables, or any
other County officer, they must be filed in the office of the Clerk
of the Inferior Courts ; and the Clerks of the Inferior Courts, and.
also of the Superior Courts, when one and the same officer, must
file their oaths in the office of the Ordinary, and enter them on
the minutes of their own Courts respectively.
§ 134. The officer in whose office such oaths are filed must en- Endorse-
ment of —
dorse thereon the day and year of filing. when med.
§ 135. All deputies, before proceeding to act, must take the ^^^^g ^^
same oaths as their principals take, which must be filed in and en- wKTo^'be
tered on the minutes of the same office, and with the same en- ^'^^'
dorsement thereon, but these provisions do not apply to any deputy
who may be employed in particular cases only.
§ 136. If any officer or deputy, required by law to take and file Penaityfor
1 1 -I -1.^1. ^.i « -, ^ failure to
such oaths, enters upon the duties of his office without first takma: take and me
T ^T. , . , . . ° official oath.
and filing the same m the proper office, he is guilty of a misde-
meanor, and, on conviction, must be fined not less than two hun-
dred dollars.
38
PT. 1.— TIT. 3.— CHAP. 5.— Executive Department.
Article 3. — Official Bonds and Herein of Discharging Sureties, etc.
Acts of of- § 13T. The official acts of an officer are not the less valid for
without the his omission to take and file the oath, unless in cases where so
oath, unless . ,, ^ ..
otherwise Specially declared.
declared. *^
ARTICLE III.
OFFICIAL BONDS AND HEREIN OF DISCHARGING SURETIES AND REQUIR-
ING ADDITIONAL SURETIES.
Section.
138. The payee and condition, of bonds.
139. Bonds must accompany dedimns.
140. Approval of official bonds.
141. Number and qualification of sureties.
142. May be signed by Attorney in fact.
143. When bonds must be filed.
144. Certificate of failure to file bond.
145. Acting before filing bond.
146. Endorsement of filing.
147. Notice of failure to file bond.
148. Penalty for failure.
149. Obligations of official bonds.
Section.
150. Approval, filing and record of bonds.
151. Giving bonds to be certified.
152. Deputies' bonds.
153. Principal or deputy may be sued.
154. Bond when discharged,
155. Officers liable above penalty of bond.
156. Validity of bonds.
157. Damages in suits on bonds.
158. Future official oaths and bonds.
159. How sureties may be discharged.
160. Officer failing to give new bond.
§ 138. The bonds of all public officers required by law to give
Official bond, unless otherwise provided, must be made pavable to the
bonds — to' ^ / . -^ "^
whom paya- Govcmor of the State of Geors^ia and his successor in office, with
Die and upon '-' ^
what condi- guch suretics as the approving Court or officer is satisfied is suffi-
cient, and conditioned in all cases in which a different condition
is not prescribed, faithfully to discharge the duties of such office
during the time he continues therein or discharges any of the
duties thereof.
§ 139. Official bonds of all officers who are entitled to commis-
Officiai sions from the Governor, and who are required to give bonds, must
be sent with bc prepared and furnished by the Executive Department at the
dedimus po- . ^^ ,. , _,. ^^^
testatem. time 01 lorwarding the deaimus potestatem.
§ 140. The approval of all official bonds shall be in writing, en-
Approval dorscd ou the bond, and should show the day and year on which
the same were approved, and shall not be filed until thus approved,
§ 141. Such bonds shall not be approved by the approving offi-
Number qqj>q uulcss thcv havc at least two good and solvent sureties, and
and qualm- j o '
sureties" oi ^°* Hiore than [ten,] (a) all of whom must be permanent residents
official bonds ^f ^^ State, and two also of the County, and freeholders thereof.
When said approving officers do not of their own knowledge
(a) Acts of 1863-4, p. 124.
PT. 1.— TIT. 3.— CHAP. 5.— Executive Department. 39
Article 3. — Official Bonds and Herein of Discharging Sureties, etc.
know that a surety is worth enough to enable them to accept him,
they shall not take him unless he swears to his means, and it is
satisfactory, of which swearing they shall make a minute on the bond.
§142. When an official bond is signed by an Attorney in fact, Po^ver of
the power of attorney must be attested by a Justice of the Inferior tested and
Court, and filed and recorded as the bond is.
§143. The official bonds of public officers required by law to within
be filed in the office of Comptroller, Secretary of State, or Execu- ^ffiSaiboSds
tive Department, must be filed therein within forty days after the ™"^^^^fi^«<^
election or appointment of such officer ; when in the office of the
Clerk of the Superior or Inferior Courts, or Ordinary, within
thirty days therefrom ; in all other cases within twenty days
therefrom. [Provided, that Sheriffs, Clerks of the Superior
and Inferior Courts, Ordinaries, Tax Collectors, Coroners, and
County Surveyors of this State shall be allowed until the first day
of June in each year, and the Tax Receivers untiV the first day of
April next (after their election), to take up their commissions from
the Inferior Courts and to perfect their bonds.] (a)
§144. When any officer of whom bond is required fails to make certificate
and file the same as prescribed in the preceding section, it is the file officiai
duty of the Court, or officer in whose office it is required to be
filed, at once to certify such failure to the appointing power, and
to the power whose duty it may be to order an election.
§145. If any public officer required by law to give bond per- Acting be-
forms any official act before his bond is approved and filed as re- b^nd^^m^s^
quired, he is guilty of a misdemeanor, and on conviction must be ^'°^^°'^'"-
fined not less than five hundred dollars.
§146. Every officer in whose office the official bond of any pub- Endorse-
lic officer is filed must endorse on such bond the day and year dai"boncisr
when the same was filed, and sign his name to such endorsement.
§ 147. If any public officer required by law to give bond fails ^^^^^^^ ^^
to file the same, within the time hereinbefore prescribed, in the faifuVe^?ome
proper office, notice of such failure must be given by the officer in
w^hose office such bond is required to be filed by or during the two
first days of the session of the Superior Court held in the County
in which the officer so failing resides, next after such failure, to
the Attorney or Solicitor General of the Circuit.
§ 148. Any officer whose duty it is to mark-file the bond and to
give the several notices required in this article, and failing to do
(a) Acts of 1863-4, pp. 124-5
ofBcialbond.
40 PT. 1.— TIT. 3.— CHAP. 5.— Executive Department.
Article 3. — Official Bonds and Herein of Discharging Sureties, etc.
Penalty for SO, without good and sufficient excuse therefor, shall, on informa-
maJk-me, o? tion rendered an^ citation to appear before the Superior Court of
fauu^e to the County of his residence, be fined' as for a contempt (in the
file the bond. n. ,. o ,i />, . \
discretion oi the Court.)
Official §149. Every official bond executed under this Code is obliga-
bonds are, ,i ..-, -. . •,
obligatory, tory on the principal and sureties thereon —
For breach ^' ^^^ ^^J ^I'^ach of the coudition during the time the officer
cer.*^^ ^^' continues in office or discharges any of the duties thereof.
2. For any breach of the condition by a deputy, although not
a deputy, exprcssod, uiilcss Otherwise declared by law.
of^duu?s ^- Fo^ *^® faithful discharge of any duties which may be re-
i™v^^subs*e^ quired of such officer by any law passed subsequently to the exe-
execution!' ^ cutiou of such bond, although no such condition is expressed therein.
4. For the use and benefit of every person who is injured, as
J^lny^onl well by any wrongful act committed under color of his office as
injure ^^ |^-g fg^j]^^g -j-^ perform, or by the improper or neglectful per-
formance of, those duties imposed by law.
§ 150. The official bonds of the Ordinaries, the Clerks of the
bracTs a?e^\o Superior Courts, of Sheriffs, Coroners, County Surveyors, County
fi?eTaar?e- Trcasurcrs, Tax Collectors and Receivers, given for County taxes,
corded. must be approved by at least three Justices of the Inferior Courts,
filed in the office of the Clerks of the Inferior Courts, and by
them recorded; that of the Clerks of the Inferior Court must be
filed in the Ordinary's office, and by them recorded, and when the
Clerks of the Inferior Courts are also Clerks of the Superior
Courts, those of the Clerks of the Superior Courts must likewise
be filed and recorded in the Ordinary's office. The bonds of Tax
Collectors and Receivers for State taxes, after being likewise
approved, must be recorded by the Clerks of the Inferior Courts,
and the original bond must be by them transmitted to the Gov-
ernor (for deposit in the Comptroller General's office).
§ 151. Such Justices of the Inferior Court must sign a certificate
Justices of to the Governor, statins: that the Clerks of the Superior and
the Inferior ^ o x
S[f tothe I^fe^ior Courts respectively, the Sheriffs, Coroners, and County
ftat^ clrta^n Survoyors, have taken the oaths and given the bonds sent from
gwen'^bo^nds! *^® Exccutivo Departments, together with a statement of the
dates, amounts, and names of the sureties of each, and that they
have delivered to them their commissions ; which shall be attested
by the Clerks of said Courts, and by them immediately transmit-
ted to the Governor.
PT. 1. — TIT. 3. — CHAP. 5. — Executive Department. 41
Article 3. — Official Bonds and Herein of Discharging Sureties, etc.
§ 152. When deputies give a bond they must be payable to Depiities'
their principals, with surety conditioned as theirs are, for their Ji^^^j.^^^
conduct as deputies, for the same amounts, and must be recorded '^go^^^^t,^and
in the same office and in the same manner as the bonds of the ^J^^ record-
principals.
§ 153. It shall be at the option of any person who claims ^^^^''Sry'l
damages of any principal officer for the act of his deputy to sue ^^^^^^^ ^^^
said deputy's bond instead of his, in the same manner as the p^ty.^^ ^®'
principal's bond may be sued.
§154. Such bonds are not discharged by a single recovery, but ^ne re-
proceedings may be had from time to time, until the whole penalty ^^^^ ^^^
covery does
3 t d i s-
arge the
is exhausted against the officer and his sureties, or either, and to^the^°fuu
said bonds are joint or several, whether so set forth or not. penalty.
§155. When the penalty is exhausted, the officer himself shall officer iiabie
still be liable, and upon the same measure of damages as upon j% is ex
though pen
alty is ex
hausted.
his bond, and he is likewise liable for any damage he may do in
undertaking to discharge the duties of an office without having
given the necessary bond, or, having given one, it is invalid, in
whole or in part.
§ 156. Whenever any officer required by law to give an official ^^^J^^^^^S
bond acts under a bond which is not in the penalty payable and jj^ to°iaw°^"
conditioned nor approved and filed as prescribed by law, such
bond is not void, but stands in the place of the official bond,
subject on its condition being broken to all the rem.edies, including
the several recoveries which the persons aggrieved might have
maintained on the official bond.
§157. The measure of damages upon all official bonds for the Measure of
misconduct of the officer, unless otherwise specially enacted, shall suites on
be the amount of injury actually sustained, including the reasona-
ble expenses of the suit to the plaintiff, besides the costs of Court ;
but in all cases when little or no damage is actually sustained and
the officer has not acted in good faith, the jury may find for the
plaintiff an amount as smart money, which, taking all the circum-
stances together, shall not be excessive nor oppressive.
§ 158. All the provisions of this and the preceding Article apply /'ihT^^Sd
to the oaths of office and official bonds of all public officers of this preceding
i- article apply
State whose office may be established hereafter, unless the con- *^^J^^'^^^^
trary is expressly provided.
§ 159. When the surety to any bond, given by any officer for howsu^-
the performance of any public duty, shall give notice, in writing, to ^^^^^g^J^f
the Governor of his desire to be relieved from future liability, for charged.
42 PT. 1— TIT. 3.-~CHAP. 5.— Executive Department.
Article 4. — Delivery of Books to Successors.
good cause therein stated and sworn to — of wliich the Grovernor
shall be the judge — or any such surety shall in the opinion of the
Governor, formed upon satisfactory evidence, become insufficient,
it shall be his duty to require of such officer a new bond and surety.
§ 160. If any officer shall fail to comply with such requisition
n^ei^bo^JTd witliin ten days from the date he is served personally with a copy
quiedl Jbe ^^ ^^^ Executivo ordcr containing such requisition, he is by such
from offiil failure removed from office and a vacancy declared.
Officer fail-
ARTICLE I¥.
or DELIVEEY OF BOOKS TO SUCCESSORS.
Section.
161. Outgoing officer must deliver books.
162. Persons having office property.
163. Persons refusing to deliver, etc.
Section'.
164. May be imprisoned.
165. Books, etc., delivered to successor.
166. Penalty for failure.
§ 161. When any office is vacated it is the duty of the incum-
defiver Tn ^^^*> ou demand made, to deliver all books, papers, and other
to BuccciSor.' property appertaining to the office to his qualified successor.
§ 162. If a vacancy occurs by death, or the incumbent is not
other per- to bc fouud at the time of demand made, it is the duty of any
sons having ^ ^ ' ^ %i
office pro- person havino^ possession or control of such office property, or
party must ■•■ or i i »/ 7
deliver it up. any part thereof, to deliver it up, and the rights and remedies are
the same against such person as against the deceased officer, if
living or to be found.
§16S. If any person neglects or refuses so to do after demand
How person made, the successor shall make coDiplaint to the Justices of the
1 n posses- \ ■*■
si^«»' ^ Jl^^^s- Inferior Court of the County, or to the Judge of the Superior
a^n d"^ c^n*^ Court of the Circuit in which the person refusing resides, or if
pro?ee de^d J^^ither cau bc had, the Judge of the Superior Court of an adjoin-
against. '^^^ Circuit, and if such officer is satisfied, from the oath of com-
plainant or otherwise, that such are withheld, he must grant an
order requiring the person so refusing to show cause before him, on
a day and at a place named in such order, why he should not be
compelled to deliver over the same.
§ 164. At the time so appointed, or at any other time to which
s^onT^how the matter may be adjourned, a copy of such order having been
cause,^ and personally served on the person so refusing, such officer must
pYy AvithTn procccd to inquire into the circumstances, and if it appears that
liver, they such books and papers are withheld, he must order the same
prisoned, delivered up instanter to s'aid successor, a'nd on failing to comply
PT. 1.— TIT. 3.— CHAP. 5.~ExECUTivE Department.
43
Article 4. — Delivery of Books to Successors.
with such order he shall issue a warrant directed to any officer of
said County, or of the adjoining County, authorized to make the
arrest, to arrest said officer, and commit him to jail, there to
remain until he complies with said order or is otherwise dis-
charged by course of law. At the same time, in the same way,
he shall command said officer to search such places for them as searciimay
may be designated in such warrant, and to seize and bring them papersuuder
. . .a warrant.
before him or some other officer authorized to preside, and being
so brought and appearing to belong to said office, he shall cause
them to be delivered to the successor. The payment of costs are
in the discretion of the Court. Said proceedings do not interfere
with the provisions in the Penal Code on this subject,
§165. All judicial or ministerial officers or State's Attorneys, officers
who by law are entitled to receive from the State any books, bookstosuc-
cessors.
pamphlets, or other documents, upon retiring from office must de-
liver them over to their successors, and from one successor to
another.
§ 166. On failure to deliver such books, after demand made by fafiure^^'ode-
incoming officer, he is liable for three times the first cost thereof, [o^success^o^r!
to be retained out of his salary, if a salaried officer, and if not a
salaried officer, or, being one, it is omitted to be retained, the officer
so detaining is subject to suit and recovery (in a Court having ju-
risdiction) by the successor in the name of the State for his use.
TITLE IV.
LEGISLATIVE DEPARTMENT.
CHAPTER I.
OF THE GENERAL ASSEMBLY.
Section.
167. Meeting of Legislature.
168. Length 'of sessions.
169. How organized.
170. Oath of members.
171. President and Speaker.
172. Elections by General Assembly.
173. Door-keepers and Messengers.
174. Special Messengers.
SeCTIOiV.
175. Joint Finance Committee.
176. Duty of Secretary and Clerk.
177. Engrossed copies of laws.
178. Pay of President, Speaker, etc.
179. Pay of sick members.
180. Amount due deceased members.
181. Accounts of officers and members*
§ 167. The regular sessions of the General Assembly begin oa
44 PT. 1. — TIT. 3. — Legislative Department.
Chapter 1. — The General Assembly.
When the first [Thursday] (a) in November, annually, at [10 o'clock in
melts^*'^^^ the forenoon] (b) in the Capitol.
§ 168. Each session shall not continue longer than forty days,
Length of unless othcrwise ordered by a vot^ of two-thirds of each branch
sessions. n -i r^ i4
of the General Assembly.
§ 169. Each branch shall be organized by the Clerk and Sec-
AsseSf— ^^^^^y thereof respectively, who are, ex-officio, presiding officers
how organ- ^^^11 such arc clccted. No question shall be entertained by them
but one relating to the organization, and in deciding such ques-
tions they are to be governed, as far as practicable, by the stand-
ing rules of the House over which they preside. In the absence
of such officer their assistants may officiate. In the absence of
both, the body may appoint a chairman whose powers and duties
are the same.
§ 170. The oaths of office may be administered to the members
aSJimS ^^ *^® General Assembly by any Judge of the Supreme or Supe-
members^ ^'^^^' Courts, to be procurcd by the person organizing each branch.
§ 171. The President of the Senate and Speaker of the House
p^skient of ^^^ elected by their respective bodies viva voce, and a majority of
Speaker '^ of ^otcs is ncccssary to a choice. In like manner the Senate must
House. elect a President j)^o tern., and the House a Speaker ^jro tem.,
T*rG si dcii t
and Speaker whosc powcrs and dutics, wliilc presiding, or in the absence of said
pro tern. ^ ^ ,
omcers, are the same.
Elections § 172. All clcctions by the General Assembly are to be con-
— now con- ^ •/ ./
ducted. ducted as follows :
Assemble !• ^^ the day and hour appointed for the election, the mem-
resentatwe" bcrs of both Houses must assemble in the Eepresentative Hall.
^"' 2. The names of the members of each House are to be called
caii^^°^an'd ^^ their respective Clerks, each member voting viva voce as soon
lot ^^ ^^^' ^ft^^ ^^is name is called as practicable.
3. The result must be ascertained by the President of the Sen-
howTJil7 3-te and the Speaker of the House, and announced by the first
announced! named officer.
4. The votes are to be given for but one election at the same
tion^at^tfmX ^i^®? ^^^ ^ majority of the whole number of votes cast is neces-
SSaiyf ^^ sary to a choice, and all blanks are to be counted as votes.
5. When both branches of the General Assembly agree by
resolution to bring on an election at a specified time in the Rep-
(a) Acts of 1861, p. 36. (b) Acts of ISeS-d-, p. 30.
^
PT. 1. — TIT. 4. — ^Legislative Department. 45
Chapter 1. — The General Assembly,
resentative Chamber, said resolution can only be rescinded by a Resolution
' *> •'to bring: on
vote of two-thirds of either House, and without such vote the elec- eiectioiiTmay
' be rescinaed
tion held according to such resolution is valid.
6. When both branches meet for such purposes, and there is Adjoum-
•'••'■ ment pend-
a necessity for an adjournment without having concluded the i^g an eiec-
elections for which they convened, they shall adjourn to some
named hour on the same or next day (not counting Sunday or a
public holiday), or to a day certain, and the elections made at
such time are valid, unless the resolution for the election is in the
meantime repealed by said two-thirds vote.
§173. Each House is entitled to a Door-keeper and Messen- Election of
■^ Door-keeper
ger, to perform such duties as may be required of them, who shall ^°^^^^.^^^?'
be [elected as provided for the election of Clerk and Secretary,] p^y-
(a) and who shall receive the same pay as the members of the
General Assembly.
§174. When it shall be necessary to carry into eifect the 4th Persons may
•^ J *f be appointed
Section of the 2d Article of the Constitution, or for any like pur- ger^ice^^"^^
pose, either of said officers may appoint any person to execute
the orders of each House and the warrant of the presiding officer,
who may receive for the service such compensation as the General pensation.
Assembly may appropriate.
§ 175. It is part of the duty of the Joint Standing Committee Duty of
of Finance to examine the accounts and vouchers of the Comp- nance Com-
■^ mittee.
troller and Treasurer as to all moneys received into and paid out
of the Treasury during the last fiscal year, to compare the war-
rants drawn during that period with the several laws by authority
of which they purport to be drawn, to examine into the other
accounts and books of such officers, and to count the money on
hand at the time of the examination, and to examine the annual
reports made by said officers, to see if they are sustained by the
true condition of their offices, and report the result to each branch
of the General Assembly.
§176. At the close of each session the Secretary of the Sen- Duty of sec-
ate. Clerk of the House of Representatives, and Secretary of State, senate and
must select all the papers belonging to the General Assembly, House at the
except such as relate to the unfinished and rejected business, and session.
deposit them in the office of the Secretary of State.
§177. The engrossed copies of all laws and joint resolutions co"'5)yeT^of
passed by the General Assembly must be preserved by the Chair- ^vhe'-e dep^
sited.
(a) Acts of 1862-3, p. 139.
46
PT. 1. — TIT. 4. — Legislative Department.
Chapter 3. — Subordinate Officers of the General Assembly.
man of the Enrolling Committee, and deposited in the office of
the Secretary of State.
§ 178. The President of the Senate and Speaker of the House
TK. ?,^y ^C^'eceive [twelve] (a) dollars, and the other members [nine] (a) dol-
t he Senate |aj.g fg^ each dav's attendance, and all are allowed five dollars
and Speaker 7 ,/ 7
and^^ml^m- ^^^ Gvcrj twcntj milcs of travel going to and returning from the
^^^^- seat of Government, the distance to be computed by [nearest] (a)
route usually traveled.
§ 179. If any member is detained by sickness, after leaving
Pay of home, in comins; to, or is unable to attend the House after he
siek mem- ■' o ^
bers. arrives at the seat of Government, he is entitled to the same daily
pay as an attending member ; but no member shall receive pay
for absent time unless on account of sickness of himself or family,
or by express leave of the House of which he is a member.
§ 180. If any member of the General Assembly shall die during
of dTcelSId ^^® session, or afterwards, without having received the whole or
^cSyfthek ^^y portion of his pay, the amount due for the whole session shall
pay, e?c!^"^^6 paid to the widow of the deceased, and if no widow, in like
manner to the children.
§ 181. The compensation due to the officers and members of the
be^ianToffi- General Assembly must be certified by the President and Speaker,
audit^ ^and I'espectively, upon the report of the Auditing Committee to the
certified. Treasurer, who afterwards shall pay each member who presents
his account duly audited.
CHAPTER II.
SUBORDINATE OFFICERS OF THE GENERAL ASSEMBLY.
Section.
182. Election of Secretary and Clerk.
183. Oath of Secretary and Clerk.
184. Administering the oath.
185. Compensation of Secretary and Clerk
186. Assistants of Secretary and Clerk.
Section.
187. Qualification of subordinate Clerks.
188. Secretary and Clerk must file papers.
189. Receive no pay till files are made.
190. When both Houses meet, Secretary
to aid.
?fficS??e?m § 1^^* There shall be a Secretary of the Senate and a Clerk of
senate^nd *^^ House of Representatives, elected by the members of each
House?^'^^ House respectively, viva voce, and a majority of votes cast is ne-
(a) Acts of 1865-0, p. 250.
PT. 1. — TIT. 4. — Legislative Department. 47
Chapter 3.— Subordinate Officers of the General Assembly.
cessary to elect. Their term of office shall be the time for which
the members of the General Assembly are elected.
§ 183. Said officers, their assistants, and Enffrossine: and Enroll- „ ^\^^ ^^
•^ ' ' o o Secretary
ing Clerks, before entering on the discharge of their duties, shall JJJ^ ^^^^^^ J^^
take an oath before their respective presiding officers to discharge ^^^^^^ts-
their duties faithfully and to the best of their skill and knowledge,
of which a minute shall be made and entered on the Journals.
§ 184. The President of the Senate and Speaker of the House anJ^lfker
are to administer the oaths required to the subordinate officers of jJ^^roSto
their respective Houses. , subordinates
§185. The pe?* diem pay of the Secretary of the Senate and Payofsec-
rcLftry n n d
the Clerk of the House, their assistants and all subordinates, shall cierk— how
^ ^ ' nxed.
be determined by each General Assembly in perfecting the Appro-
priation Bill.
S 186. Said Secretary and Clerk shall have power to appoint Secretary
TIT (- ^^ ' -"^^ and Clerk
their assistants and subordinate clerks as follows — viz : may appoint
1. The Secretary of the Senate may appoint, at the commence- Readers,
•f» I'li'i 1 -Tki 4> Journalizing
ment of the session for which he is elected, one Header or Assist- and Enroii-
, . ing, and En-
ant Clerk at the desk, one Journalizing Clerk, and one for Enroll- grossing and
y . Kecordmg
ing and one Engrossing Clerk, and one Recording Clerk. cierks.
2. The Clerk of the House may appoint, at the same time, one
Reader or Assistant Clerk at the desk, one Journalizing Clerk,
two Enrolling and two Engrossing Clerks, and one Recording
Clerk.
3. If, at any time during the session, the business requires the Additional
clcrlis liow
appointment of additional clerks, either of said officers may ap- appointed.
ply to their respective Houses for leave to appoint them; and if
they are deemed necessary by the Enrolling Committee, such body
may, by resolution^ authorize the appointment, specifying therein
the number.
4. No clerk shall be allowed compensation in either of said ^erks ^niy
departments, appointed in any other way. pay|^ receive
§ 187. No Journalizing, Recording, Enrolling, or Engrossing ouaiifi.
Clerk shall be appointed by the Secretary of the Senate or Clerk removaf °of
of the House, until such Clerk has been examined by the Enroll- fng^E^ciJd-
ing Committee, and certified to their respective Houses to be i2|'amf En-
competent and well qualified to the discharge of the duties re- cierls/^"^
quired of him ; and such Clerk shall be removed, at any time,
upon the recommendation of the Enrolling Committee of the House
in which he is employed.
48
PT. 1. — TIT. 5. — Judicial Department.
Chapter 1. — General Provisions in Regard to Judicial Power.
§ 188. The Secretary of the Senate and the Clerk of the House
and^^cfS ^f Representatives must, within ten days after the adjournment
^e^'Jl^^lK of each session, file, in proper order, all the papers and docu-
dociunents. j^^gj^^g ^f their respective Houses.
§ 189. The records, papers, and documents thus filed, must be
Secretary delivered to the Secretary of State, who, upon receipt of the
shall not be samo, must Certify that such Secretary and Clerk have respectively
fifed^a^^^s^ complied with said requisitions, and the Treasurer shall not pay
their several salaries until such certificate is produced.
§ 190. When there is a meeting of both branches of the General
Secretary Asscmblv in auv ouc chamber, said Secretary and Clerk shall be
mu St aid . .
when both present and ioin in the discharge of the duties required, and shall
Houses meet ^ o o x ^
enter on the Journals of each the proceedings.
TITLE V.
THE JUDICIAL DEPARTMENT
CHAPTER I.
GENERAL PROVISIONS IN REGARD TO JUDICIAL POWER.
Section.
191. Judicial power— where vested.
192. Rules of Court shall be observed.
193. Judge interested shall not preside.
194. Power of the Court.
Section.
195. Records shall not be removed.
196. Minutes read and signed by Judge.
197. The Court may act when no Clerk.
§191. The Judicial power of the State is vested in such tribu-
judiciainals as are created by the Constitution, and such other Inferior
veSedT^'^'^ Courts as are or may be established by law, and such persons as
are or may be specially invested with powers of a judicial nature.
§ 192. The rules of the respective Courts, legally adopted and
Euiea of ^^ot in conflict with the Constitution of the United States, of this
^°^^^" State, or the laws thereof, are binding and must be observed.
§ 193. No Judge or Justices of any Court, no Ordinary, Jus-
when ju- tic© of the Pcaco, nor presiding officer of any inferior judicature
fs'^incoSpe- or commissiou, can sit in any cause or proceeding in which he is
cases.^^ ^^^ pecuniarily interested, or related to either party within the fourth
degree of consanguinity or affinity, nor in which he has been of
counsel, without the consent of all the parties in interest.
PT. 1. — TIT. 5. — Judicial Department. 49
Chapter 1. — General Provisions in regard to Judicial Power.
§194. Every Court has power — courts have
1. To preserve and enforce order in its immediate presence, and to enforce
as near thereto as is necessary, to prevent interruption, disturb- presence.
ance, or hindrance to its proceedings.
2. To enforce order before a person or body empowered to con- Before bo-
^ ,/ r dies acting
duct a judicial investigation under its authority. authodV ^^^
3. To compel obedience to its judgments, orders, and process, compel obe-
and to the orders of a Judge out of Court, in an action or pro- process and
,. I . judgment.
ceedmg therein.
4. To control, in furtherance of iustice, the conduct of its to control
1 • 1 • T • 1 T ^^^ officers.
officers and all other persons connected with a judicial proceed-
ing before it, in every matter appertaining thereto.
5. To administer oaths in an action or proceeding pending Toadmin-
. . „ , , . f ° ^ . , ister oaths.
therein, and m all other cases, when it may be necessary, m the
exercise of its powers and duties.
6. To amend and control its process and orders, so as to make . ^o amend
•"• ■' its process,
them conformable to law and justice, and to amend its own record I'^^ords, etc.
so as to make them conform to the truth.
§ 195. No records or papers of any Court must be removed out '^^^^ ^^-
^ r XT J cords may
of the County, except in cases of invasion whereby the same ^^ removed.
may be endangered, or unless by order of the Court.
§196. The minutes of every Court of record must be read Minutes
^ *^ must be read
each morning by the Clerk in open Court, and on the adjourn- '^"^^^s"^^-
ment of the Court must be signed by the Judge, Judges, or Jus-
tices thereof; but if not signed are valid unless repudiated by
the Court.
§ 197. The acts of a Court shall not lack validity for the want court may
•^ perform du-
of a Clerk, and whenever there is no Clerk, or none to be had, or tics of cierk
'' ' ^ when there
he is incapable of discharging his duty, and any Court performs ^^ °°^^-
that duty itself, its action as such is valid.
CHAPTER II.
THE SUPREME COURT AND ITS OFFICERS,
Article 1. — TJie Supreme Court and its Judges,
Article 2. — The Clerk.
Article 3. — The Reporter.
Article 4. — The Sheriffs or Marshal.
4
50
PT. 1.— TIT. 5.— CHAP. 2.--JUDICIAL Depaktment.
Article 1. — The Supreme Court and its Judges.
ARTICLE I.
THE SUPREME COURT AND ITS JUDGES.
Section.
198. Judges of tbe Supreme Court.
199. Their oath of office.
200. Two may hold the Court.
201. Who are eligible for Supreme Bench.
202. Vacancies — how filled.
Section.
203. When there is but one Judge, etc.
204. Unanimous decisions how reversed,
205. The powers of Supreme Court, etc.
206. Two of the Judges must concur, etc.
207. Officers of the Supreme Court.
§ 198. The powers of the Supreme Court are vested in, and its
Judges of duties performed by, three Judges, [one of whom shall be styled the
Court. Chief Justice,] (a) who are elected for the term of six years by the
General Assembly.
§ 199. Before entering on the discharge of their duties they
Their oath, shall take the oath prescribed for Judges of the Superior Courts,
and all other oaths required for civil officers.
§ 200. [They, or two of them, may hold said Court, and the
Two may oldcst Judffo in commission, in the absence of the Chief Justice,
hold Court— . ^ '. '
Chief Jus- is President thereof, but without any greater powers than his
associate; and when the office of the present oldest Judge in com-
mission shall become vacant by death, resignation, or otherwise, a
Chief Justice shall be appointed or elected to fill such vacancy.] (a)
§ 201. No person is eligible as such unless he has been duly
Who are admitted and licensed to plead and practice in the Courts of Law
eligible to
the Supreme and Equity in this State for ten years prior to his election. Within
twenty days after the election the Governor shall issue his com-
mission.
§ 202. In case of a vacancy (from any cause) the Governor shall
Vacancies— appoint and commission some qualified person to supply it until
plied. the next meeting of the General Assembly, who shall elect some
one for the unexpired term. If a vacancy occurs during the ses-
sion of the General Assembly, there must be no appointment,
but if it closes without an election the Governor shall appoint
some person to hold the office until the action of the General
Assembly.
§ 203. When two or all of the Judges are disqualified from
^j^y^^J^J^* deciding any cause or proceeding pending in their said Court,
how^the ca^ they must certify the same to the Governor, who must direct a
pSed^o^f.^^^ commission to issue to any two or three Judges of the Superior
(a) Acts of 1866, p. 17.
Ml
PT. 1.— TIT. 5.~0HAP. 2.— Judicial Department. 51
Article. 1. — The Supreme Court and its Judges.
Court whom he may select, and who have not performed any
judicial duty in the cause, empowering them in the particular
cause stated to exercise the powers of a Judge of the Supreme
Court therein, as in cases of vacancy, at the time and place for
hearing and determining the same.
§ 204. A decision concurred in by three Judges can not be . How unan-
•^ ./ o imous decis-
reversed or materially chang-ed, except by a full bench, and then ions maybe
>/ o y i- V ' reversed.
after argument had, in which the decision, by permission of the
Court, is expressly questioned and reviewed ; and after such argu-
ment the Court in its decision shall state distinctly whether it
affirms, reverses, or changes such decision.
§ 205. The Supreme Court has authority — courr^hTs
1. To exercise appellate jurisdiction, and that only, and in no^^lexeTd^e
case to hear facts or examine witnesses. Hsd1cfi?n a-
2. To hear and determine all causes, civil and criminal, that ^^^\
' 'To hear and
may come before it, and to grant judgments of affirmance or ^^^^^^ ™ j^^®
reversal, or any other order, direction, or decree required therein, iJ^a^J^^^t^o
and if necessary to make a final disposition of the cause, but in jy^g^ent."^^
the manner prescribed elsewhere in this Code.
3. To grant any writ necessary to carry out any purpose of its T^ g^^nt
° *' ^ »' ./ 1 J. M'rits to en-
organization, or to compel any inferior tribunal or officer thereof Jj^^^^^ Jt^ o^-
to obey its order.
4. To appoint its own officers, and to commission any person to . Toappomt
^ ^ ^ ^ ' '^ ^ Its own ofli-
execute any specific order it may make. ^^''s-
5. To establish, amend, and alter its own rules of practice, and To make
'■ ^ rules of prao-
to regulate the admission of Attorneys. ^i<=®-
6. To punish for contempt by the infliction of a fine as high as To punish
^ . . . ° f o r c o n-
five hundred dollars, and imprisonment not exceeding ten days, or tempts.
both.
7. To exercise such other powers, not contrary to the Consti- .^>^*|,*;'^«'':
••^ ' »/ cise all legal
tution, as are or may be given to it by law. powers.
§206. The concurrence of two of said Judges is necessary to Two judges
^ ^ must concur
make a reversal, or to grant any order disturbing the judgment to reverse.
of the Court below; and when only two preside in a cause, andoniy^prT-
they disagree as to the reversal or as to said order, the judgment disagrte-
T /Y» -1 ment affirms
stands ainrmed.
§207. The officers of the Supreme Court are a Clerk, a Re- The oncers
1 • c^i -rr -1 1 "^ the Su-
porter and assistants, a bherm and deputies. preme court
52
PT. 1.— TIT. 5.— CHAP. 2.— Judicial Department. .
Article 2.— The Clerk.
ARTICLE 11.
THE CLERK.
Section,
208. His appointment and oath of office.
209. May appoint a deputy.
210. The duties of the Clerk enumerated.
Section.
211. Must tax costs, etc.
212. Who liable for costs, etc.
oath of clerk
§ 208. The Clerk of the Supreme Court holds his office for six
meiu^^and J^^^'^, unless romoved for incapacifcy, improper conduct, or neglect
of duty ; and before entering upon his duties he must take an oath
faithfully to discharge them, and also all other oaths required of
civil officers.
§ 209. He may appoint one or more deputies in his discretion,
May ap- under such rules as the Court may adopt, he being responsible for
polntadepu- . . . o i
ty- the faithful performance of their duties ; and when so appointed
their powers and duties are the same as his.
§ 210. It is his duty—
1. To keep an office at the seat of Government in one of the
Must keep apartmciits of the Capitol, where all books, records and archives,
an office at ^ ,
Capitol. and the seal of the Court shall remain.
Must at- 2. To attend all sessions of the Court and obey all of its lawful
tendthe ^
Courts. orders.
3. To keep in well bound books fair and regular minutes of the
Must keep Court's procccdings, a record of its judicial acts, a docket of its
cords, etc. causcs, and such other books as said Court may require him to
keep.
4. To certify, when required, upon payment of his lawful fees,
tify records q]\ minutes, rccords, or files of said Court.
and papers. ' "
5. To arrange the cases on the docket by Circuits, and to give
Must pub- notice in one of the newspapers, printed at the place where the
lish order of . . . p •■
Circuits. Court is to bc held, twenty days previous to its session, of the or-
der of arrangement.
6. To submit to the Governor a fair statement of each criminal
Must re- paupcr casc, showino: the items of costs, the nature of the crime
port all pau- \ ^ _,°
per cases to charged, and the County from whence it came, under the seal of
the Govern- o ? ^
or- the Court, as a condition to a warrant in his favor for their pay-
ment.
7. To make out a remitter of every case within ten days from
o^Ter^iur^^^ adjournment of the Court, and to transmit it to the attorney
of the party prevailing, together with a certificate of the amount
PT. 1.— TIT. 5.— CHAP. 2. — Judicial Department.
53
Article 3.— The Reporter.
of tlie costs, and by whom paid, which remitter shall consist of a
copy of the judgment of the Court as entered on the minutes,
and nothing more.
8. To issue and sign all writs and processes of every description ^n ^rus^and
issued under the authority of the Court. processes.
9. To administer such oaths and take such affidavits as the busi
ness of the Court or the law may require.
Must ad-
minister
oaths.
10. To discharge whatever other duty may be required by law, form^aiiJth-
., 1 • 1 1 • rn er official du-
or necessarily appertains to nis onice. ties.
§ 211« lYhen judgment shall be pronounced in any cause, he Must tax
shall tax the costs thereof, item by item, which shall be entered charge only
on the minutes at the foot of the judgment without charge. He rendered.
shall make no charge for attaching the seal to the remitter, nor
to any precept issued by him, nor for any thing but services ac-
tually rendered ; nor shall he record the bill of exceptions, or
transcript of the records from the Court below.
§ 212. Every attorney for the plaintiff in error, who argues or who are
presents a cause to the Supreme Court, is liable to the Clerk for <^<^sts.
costs, except in a pauper case.
ARTICLE III.
THE REPORTER,
Section.
213. Appointment and oath of Reporter.
214. May appoint an assistant.
215. Must attend Courts, etc.
Section.
216. Reports must not contain arguments.
217. Penalty for failing to pviblish reports.
218. Copyright reserved to the Reporter.
§ 213, The Reporter of the Supreme Court holds his office for Appoint-
^ ^, mentand
the same term and on the same conditions as the Clerk, and before 2^^^ «f the
' Eeporter.
entering on his duties must take the same oaths.
§ 214. He may, with consent of the Court, under such rule as May ap-
l^ ^ • * • T-» 1 1 • point assist-
tney may adopt, appoint an Assistant Reporter, whose duties are ant.
the same as the Reporter's.
§ 215. It is his duty —
1. To attend all sessions of the Supreme Court by himself, or Mustattend
Is' • , , the Courts.
his assistant.
2. To publish in good and substantial form the decisions of said .Must pub-
Court as written out, within six months of the time of their de- ions.
livery to him.
3. To furnish one copy of each volume of his Reports to each
54 PT. 1.— TIT. 5.— CHAP. 2.— Judicial Depaetment.
Article 4. — The Sheriff.
Must fur- Judge of the Supreme Court; one copy to the Clerk thereof, to
toVne'^state be kept in his office ; twentv-five copies to the State, to be deliv-
officers. '" ered to the State Librarian ; and a copy to each Clerk of the
Superior Courts, to be kept in their offices. For such. copies he
shall be paid by the Governor at the price of three dollars per
copy.
§ 216. The volumes of Keports must not contain any argument^
Eeportsnot or brief of counsel, beyond a statement of the points and au-
to contain..
argument of thoritlCS.
counsel. ^
§ 217. If he fails to publish his volumes of Reports vrithin the
Penalty for time designated, he forfeits one-fourth of his salary for every ad-
pubiish Ee- ditioual mouth's delay, unless a majority of the Court "will certify
ports as the iii r» I'Pi "^ r- ^ -i ^ •
law requires that the delay Tras not from his fault, or of those under his control ;
and if he fails to publish and furnish them as required in preced-
ing Section, he also forfeits one-fourth more of his salary, and
must be removed by the Supreme Court.
Copyright § ^1^' "^^ shall havo the copyright to his Reports in addition to
forteri'^'-liis salary.
ARTICLE lY.
THE SHERIEF.
Section.
219. Sheriff shall attend Supreme Court.
220. If he fails the Court may appoint.
Section.
221. Sheriff's fees in the Supreme Court.
§ 219. The Sheriff of the County wherein a session of the Su-
Dutyof preme Court is holden, or his deputy, must attend daily the ses-
the County sious thcrcof, obey all lawful orders, execute all lawful commands
Court is held and process, and preserve order.
§ 220. On failure of said Sheriff, or a lawful deputy, to attend
Court may and discharoje the duties required, or any part thereof, the Court
annoint an ° . ^ n ^ •
officer. may appoint some fit and proper person for such purpose.
§ 221. He shall receive for his services the fees allowed in the
Sheriff's Superior Court for like services, and when he performs a journey
fcGS in Sq-
preme Court in the discharge of his duties he is entitled to the same pay for
mileage as a Marshal of the United States.
PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department.
55
Article 1. — The Superior Court and its Judges.
CHAPTER III.
THE SUPERIOR COURTS AND THEIR OFFICERS.
Article 1. — The Superior Court and Judges,
Article 2. — The Clerics.
Article 3. — The Receiver,
ARTICLE I.
the superior court and its judges.
Section.
222. Election and official term of Judg
223. Their oath of office.
224. Vacancies — how filled.
225. Time of election.
226. Judges elected to fill vacancies.
227. No special election — when.
228. "Who are eligible to Judgeship.
229. Shall not practice law.
230. Shall not be deprived of his office,
231. Must hold Court twice a year.
232. His jurisdiction.
es.
Section.
233. Duties of the Judge.
234. Shall deliver his cliarge in writing.
235. Such charge shall be filed.
236. Jurisdiction of the Superior Courts.
237. Powers enumerated.
238. When the Judge is absent.
239. Can only exercise powers granted.
240. When the Judge is disqualified.
241. May be impeached.
242. Perform no judicial act out of State.
§ 222. Judges of the Superior Courts are elected by the people
of and for each Judicial Circuit, in the manner and at the time
hereinafter prescribed, and hold their offices for four years, unless
sooner removed in the manner prescribed by the Constitution.
§ 223. Before entering on the duties of their office, they must
take the oath required of all civil officers, and in addition the fol-
lowing — viz :
''I swear that I will administer justice without respect to per-
sons, and do equal rights to the poor and the rich, and that I will
faithfully and impartially discharge and perform all the duties
incumbent on me as Judge of the Superior Court of this State,
according to the best of my ability and understanding, and agree-
able to the laws and Constitution of this State, and the Constitu-
tion of the United States. So help me God." >
§ 224. When a vacancy occurs (or from some cause there is a
failure to elect), the Governor shall appoint some qualified person
to fill such vacancy, and shall order a special election. [And
Election.
and official
term of the
Judges.
Their oath.
Vacancies
— how fllicd
— when de-
clared.
56 PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department.
Article 1.— The Superior Court and its Judges.
when, on tlie day fixed by the Constitution for the election of
Judges of the Superior Court and Solicitors General, there is no
majority vote cast, and therefore no election, the office in such
Circuit shall be, and is hereby, declared vacant; and such va-
cancy shall be filled as is now provided by law.] (a)
§ 225. Such election shall be held on the first Wednesday in
eiectio^^ °^ January next thereafter, provided there is time for the Govern-
or's proclamation of such election to be advertised for as much as
thirty days preceding said day.
Judges § 226. Judges thus elected hold their offices for a full term of
a^vaauicy^^^ fo^i* ycars, and must be by the Governor so commissioned.
§ 227. If, at the time a vacancy occurs, the unexpired time of
The ap- the (former) incumbent does not exceed twelve months, the person
holds with- appointed holds his office for the unexpired term, and there shall
out an elec- -" •*■ ^ '
tioQ- be no special election.
§ 228. No person is eligible to such Judgeship who shall not have
Who are been a resident citizen of this State for ten years iust precedinp;
elisrible to . . J J r ^ i=>
the Circuit his elcction or appointment, and who shall not have been an inhab-
itant of the Circuit over which he is to preside for at least one
year next preceding the said time, and who shall not have been
duly admitted and licensed to plead and practice in the Superior
Courts of this State at least five years prior to the same.
§ 229. Such Judges are prohibited from practicing law in any
Judges of the Courts of this State between the times of their election
practice law. and qualification, but they may practice until their qualification
in any case in which they may have been actually employed be-
fore their election; and they are also prohibited from practicing
as attorneys, proctors, or solicitors, in the District or Circuit Courts
of the United States after their election or while in commission.
§ 230. A person having been appointed or elected a Judge of
Attaching any Circuit can not be deprived of his office by attaching the
of hi? resi- County in which he resides to a different Judicial Circuit, but he
dcnce to an- . -,• ^ .,. •• ■, -, • ^ ^ ' ^ n'
other Circuit contmucs to discharsTC its duties as though he resided m the Oir-
does not oust ^
him from of- cuit.
fice.
§ 231. Said Judges must hold the Superior Courts of each Cir-
Must hold cuit at the County site and Court House (if any) of each County,
each^county or othcr placc therein designated by law, twice each year, at such
twice ayear. timcs as is now or may be prescribed by the General Assembly.
(a) Acts of 1866, p. 136.
PT. 1.— TIT. 5.— CHAP. 3.-~ Judicial Department. 57
Article 1. — The Superior Court and its Judges.
§ 232. The iurisdiction of the Jucloies of the Superior Courts ^. J^nsdic-
'^ o o X tion co-ex-
is co-extensive with the limits of this State, but they are not com- J^e^tatr*^
pelled to alternate unless required by law.
§ 233. Each of said Judo;es shall dischars-e all the duties re- Duties of
. ^. . Judge.
quired of him by the Constitution and laws for the Circuit for
which he was elected or appointed, although he may hold Courts
in other Circuits, and may also exercise other judicial functions
for them when permitted by law.
§ 234. The Judges of the Superior Courts of this State shall, written
in all cases of felony, and on the final or appeal trial of all civil certain cases
cases tried before them, give their charges to the jury in writing ;
that is to say, shall write out their charges and read the same to
the jury, when the counsel for either party shall require them to
do so ; and that it shall be error for such Judge to give any other
or additional charge than that so written out and read.
§ 235. The charge so written out and read as aforesaid shall be shaii be i
. . filed. \
I filed with the Clerk of the Court in which the same was given, - i
'• and shall be accessible to all persons interested in the same; and
the Clerk shall give certified copies thereof to any person apply-
'^ng for the same, upon the payment of the usual fee. " ''
§ 236. The Superior Courts have authority — > jurisdiction
1. To exercise original,^ exclusive, or concurrent jurisdiction (as cour^tsm"?
the case may be) of all causes, both civil and criminal, granted inLuasS."^'
to them_by_the Constitution and laws.
2. To exercise the powers of a Court of Equity. Equitable
i ' - • ... i- «^ powers.
3. To exercise appellate iurisdiction in all civil cases tried by May try
• 1 r^ /^ 1 •!• r ^ i appeals from
a jury m the. County Court, or where judgment is confessed, and the couuty
from judgments of the Ordinary.
4. To exercise a general supervision over all inferior tribunals. May cor-
. 1 -1 -^ 1 1 -, 1 rect errors of
and to review and correct in the manner prescribed by law the inferior tri-
^ ^ ^ bunals.
judgments of the Justices of the Inferior Court, the Justices of
the Peace, Corporation Courts or Councils, or any inferior judi-
cature, or any person exercising judicial powers, and of the Ordi-
nary, except in cases touching the probate of wills and the grant-
ing of letters of administration, when there must be a special
jury impanneled.
5. To punish contempt by fines not exceedino; two hundred dol- May pun-
, IT.. , . , ish for con-
lars, and by imprisonment not exceeding twenty days. tempts.
6. To exercise such other powers, not contrary to the Constitu- ^^ay exer-
■■• ' •^ cise all other
tion, as are or may be given to such Courts by law. legal powers
§ 237. The Judges of the Superior Courts have authority —
58 PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department.
Article 1.— The Superior Court and its Judges.
Judges may 1. To grant for their respective Circuits writs of certiorari^
ff^certiV- siipersededs, quo warranto, mandamus^ habeas cor'pus, and bails in
rar% sioper- . it,
sedeas, etc. actions ex-deticto.
May grant 2. To grant bills quia-timet, writs of injunction, prohibition,
bills quia- -, .
timet, etc. and Tie-cxeat.
3. To grant all other writs, original or remedial, either in law
May grant or equitv, that may be necessary to the exercise of their iurisdic-
other writs. ..... "^ i m . i
tion, which is not expressly prohibited.
4. To hear and determine questions arising upon writs of habeas
.^nd^^diter- ^^^P^^ ^1' ^^^^5 whcn propcrlj brought before them ; all motions to
to^jTaTJas gi'^ii^j revive, or dissolve injunction, to give new security or lessen
tkuS'to dis- ^^® amount of bail, and to perform any and all other acts required
?fons,'er" of them at Chambers.
' 5. To administer oaths and to exercise all other powers neces-
Mayadmin- sarily appertaining to their jurisdictions, or which maybe granted
them by law.
§ 238. The authority granted in the preceding Section to each
When a Judge in his own Circuit may be exercised by any Judo-e of an-
Judge IS ab- o ./ */ ./ o
sentfrombis other Circuit whencvcr the resident Judge is absent from the Cir-
C 1 r c u 1 1 or a
I'S^o'tT^V ^^^*^5 ^0 that the business can not be done as speedily as necessary,
ex^e?c?se ^^ ^^ iudisposod or interested, or is laboring under any disqualifi-
authonty. q^lHou. oy inability to serve, or in case the Circuit should be, from
any cause, without a Judge. The authority, when thus exercised,
should show the grounds.
§ 239. Said Judges can not exercise any power out of term
ex^e'^^cTse ^i^®? cxccpt the authority is expressly granted ; but they may, by
frr^oilf^of oi'cler granted in term, render a judgment in vacation.
term time. §240. When from any cause the Judge of the Superior Court
When Judge is disqualified from presiding, he shall procure the services of a
is disquab- -fin ^ n' ' -t -pit
fiedbemust J udgc 01 another (Jircuit to try said cause, ii he has to appoint
obtain tbe ^ J y rr
services of ail adiournod term for that purpose. If the parties litigant con-
anotber *^ ri . . .
Judge, or ggnt thcrcto and select any attorney practicing in the Court to
an attorney ^ ./ ./ j. o
maypreside preside in sucli a case, the Judge shall have such consent entered
Dy consent. ■■■ ^ o
on the minutes, and the attorney so selected shall exercise all the
functions of Judge in that case.
§ 241. If any Judge does not comply with the provisions of the
Maybe preceding Section within a reasonable time, when it is in his
Impeached. .
power to do so, it is a ground of impeachment.
§ 242. No Judge of the Superior Courts shall have authority to
form no ju- perform any judicial act required of him by law when beyond the
dicialactout . . ^. . '^ Z. , . ^ -"■ "^ "^
of the State, jurisdiction 01 this State.
PT. 1. — TIT. 5. — CHAP. 3. — Judicial Department.
59
Article 2.— The Clerks of the Superior Courts.
ARTICLE II.
THE CLERKS OF THE SUPERIOR COURTS
Section.
243. Election Clerk Superior Court.
244. Can not practice law.
245. Vacancy — how filled,
246. Elected to fill a vacancy.
247. In case of a tie, etc.
248. An appointment must be made.
249. Who may act.
250. Appointee may hold to end of term.
251. Judge may appoint in certain cases.
252. How long such appointee may hold.
253. Oath of Clerk of Superior Court.
Section.
254. Must give bond and security.
255. May appoint deputies.
256. The place of the office — duties.
257. Powers of the Clerk, etc.
258. Penalty for a failure of duty.
259. Clerk svibject to rule.
260. Subject after retiring from office.
261. How removed from office.
262. His office svibject to be examined.
263. Pay when not otherwise provided.
264. Proceedings if pay is refused.
§ 243. The Clerks of the Superior Courts are elected for the Election
term of two years, and are eligible during the same time to be the superior
also Clerks of the Inferior Courts.
§ 244. No person is elio^ible to the office of Clerk, or to perform cierk can
r o 7 r not practice
any official duty as such, who, while in such capacity, practices i-"^^^-
law in his own name or another's, as a partner or otherwise, in
any Court of Law or Equity in this State, except in his own case.
§ 245. If a vacancy occurs (or will shortly), any two or more Vacancy
J \ J n J — how sup-
Justices of the Inferior Court of the County where it happens p^^^^-
shall give notice in one or more of the public gazettes of said
County (if any), and at the Court House, and at three or more of
the most public places of said County, twenty days previous to
the day of election, which shall be appointed by them.
§ 246. The person elected on said day shall hold his office for to mf a va-
the unexpired term of his predecessor. The returns of the elec- only" the un-
. - 1/-1 1 ••I- expired
tion must be made to the Governor, who must commission mm. term.
§ 247. Should any two or more candidates, at an election to fill in case of
^ '^ _ ' ^ a tie a Clerk
said vacancy or at a rea;ular election, have the liio;hest and an ^^ appointed
^ ci J c^ jiufl a new
equal number of votes, said Justices shall appoint and advertise ^ll^f^^ °^"
another election in the manner prescribed in the preceding Sec-
tions, and so do until a choice is made.
§ 248. As soon as a vacancy occurs, or in anticipation of it, , V-"^^^ ^^
*' ' v: J election i s
said Justices, or a majority of them in commission, must meet and j^^^^g^^^^^'^^^
appoint some qualified person to discharge the duties of Clerk P^i"*^^-
until the vacancy is filled. ^, , ^^
••' Clerk of In-
§ 249. If from any sudden emergency there is a vacancy, and Jjay^cras
it is not immediately supplied, the Clerk of the Inferior Court perlm- court
must discharge the duties of said Clerk until one is appointed ; ^ejjJ;JetT^*
60 PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department.
Article 2. — The Clerks of the Superior Courts.
and in case the vacancy occurs at the same time in both offices,
the' Ordinary or his clerk shall thus act.
§ 250. When a vacancy occurs, and it is not more than six
If oniysix nionths from the time the election can be appointed by said Jus-
months of an I r J
?erin^heT-v ^^^^^ ^^^ ^^-^^ Until the cxisting term will expire, the person or
rv^aeancy psrsons appointed shall discharge the duties of the office for the
Si!°^"^^ ^^^^^^® of the term, and there shall be no special election.
§ 251. If there is a vacancy, or the Clerk and his deputy for
Judge may anv rcasou do not act as Clerk at the time provided by law for
a p point a ^'^ ^ ^ -^^ *'
Clerk in cer- l^ioldins; any of said Superior Courts, the presidino; Judc^e thereof
tain eases. . . .
shall appoint a Clerk, who holds his office during the term and
' for ten days thereafter, and any act that he does daring said time
that the Clerk could have done is valid.
§ 252. If by the expiration of said time there is no one else to
Such ap- act as Clerk, said last mentioned appointee may continue as such
pointee may ' x l ^
ekction^^^'^" ^-^^^^ tlicrc is an appointment or election; and any appointee or
other person lawfully discharging said duties shall continue to do
so until there is an election and qualification.
§ 253. The Clerks, before entering upon the discharge of their
cSK the ^^^^^^^' whether appointed, elected, or such by operation of law,
^^'^^P^^'^^^ must, besides the oath required of all civil officers (unless already
taken), take and subscribe to the following oath :
"I do swear that I will truly and faithfully enter and record
all the orders, decrees, judgments, and other proceedings of the
Superior Court of the County of , and all other matters
and things which by law ought by me to be recorded ; and that
I will faithfully and impartially discharge and perform all the
duties required of me to the best of my understanding. So help
me God."
When said oath is taken by the Clerks of the Inferior Court,
^Appointees i\^q Ordinaries, or their deputies acting in a certain contingency
takeoSh^^^® Clcrks of the Superior Court, they may take it before any
person authorized to administer an oath, and enter it on the min-
utes of the Superior Court.
§ 254. They shall also at the same time (except those appointed
giveSmd. ^y ^^'^^ Judges of the Superior Courts and those so by operation
of law) execute a bond in the sum of three thousand dollars, with
good security.
§ 255. They shall have the power to appoint a deputy or depu-
ties, and may require from them bonds with good security, who
PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 61
Article 2. — The Clerks of the Superior Courts.
shall take the same oath as the Clerks do before entering upon the sujefior
the discharge of their duties, and whose powers and duties are app^nt^de-
the same as long as the principal continues in office, and not J^Vsi ^[^ke
longer, for the faithful performance of which they and their secu- give bond!
rities are bound.
§ 256. It is the duty of the Clerks of the Superior Court —
1. To keep their offices and all things belonging thereto at the officl^must
County site and at the Court House, unless impracticable from ^^ ^^^^'
any cause, when, by special permission of the Justices of the In-
ferior Court, it may be kept at some other designated place not
more than one mile therefrom, of which public notice must be
given.
2. To attend all sessions of the Courts and keep fair and regu- cierk must
■■■ ^ c5 attend Court
lar minutes of their proceedin2;s from day to day, includini? a f^":^\^^PV^^
■■• o ./ ./ 7 o minutes, m-
transcript of the Judge's entry on his dockets when not more f^^f^f ^"^
fully shown in a book kept for that purpose. ^ Docket^^^^
3. To issue and si2;n (and attach seals thereto when necessary) Must issue
^ ^ ^ ^ ^^ ■' processes of
every summons, subpoena, writ, execution, process, or order, or ^^^ ^^^^^•
other paper under the authority of the Court.
4. To keep in Court, convenient of access, the followinsr dock- Must keep
■•■ . . certain dock-
ets — to wit: a Common Law Docket of civil cases, in which must ^^^ as foi-
' _ lows : Com-
be entered by appearance term the names of the parties and g^^^^^^^^^^^
attorneys, the nature of the action, and the Sheriff 's return ; an
Appeal Docket and an Equity Docket, in which must be entered Dof^gf^
all the cases to the respective terms to which they are returned
or stand for trial, together with other entries, as in the case of the
Common Law. Docket.
A Claim Docket, a Certiorari and an Illegality Docket in the ciaim
' & J Docket.
same manner. A Motion Docket for entering; all motions to be ,, .
® Motion
submitted to the Court, showing the nature of the motion, and the i^oc^^t.
parties and attorneys thereto.
A Subpoena Docket for civil cases, and one for criminal cases, Subpcena
in which must be entered the case in which the subpoena issues,
the date, the name of witness, for whom issued, and to whom de-
livered, and any return of the Sheriff thereon.
In the former must be likewise entered, and in the same man- criminal
ner the issuing of commissions. A Trial Docket of Criminal Cases
in which must be entered all the criminal cases in the order the
indictments are found, the nature of the offense, and the attorneys
for the defense.
62 PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department.
Article 2. — The Clerks of the Superior Courts.
A docket in which must be entered all criminal cases which
of trfminai ^^^^ been on the Criminal Docket for as much as five years with-
wMc^ there ^^^ ^^J ©xistiiig arrcst, and which must be inspected by the Court
forfive^yea?3 ^* ^^^^t oncG a jcar, that if necessary any case may be re-transfer-
red to the Criminal Docket.
Execution Docket, and enter therein the names of plaintiffs,
docke?^^^°^ their attorney, and the defendants, the amount of principal and
interest and costs ; the date, the term to which returnable, to
whom and when delivered, and by whom and when returned, and
,v an entry of satisfaction or nulla bona, as the case may be, with
the dates thereof.
Duplicates of the Common Law, Appeal, and Criminal Dockets,
Copy dock- one for the use of the Bench, the other for the use of the Bar, in
€ts for the -' '
Bar. which last must be copied from term to term all the entries made in
the former. All appeal cases must be entered on the same Appeal
Docket in the order they are entered on the minutes, and from the
Inferior Court in the same order and at the time received. Divorce
cases are first to be entered on the Equity Docket, and after one
trial are to be entered on the Appeal Docket in their proper order
from the minutes.
5. To record in well bound books within six months after the
Must keep final determination of any civil suit, all the proceedinp-s relatino^
record of J ' 1 to o
civil suits, thereto.
Must keep ^' ^^ keep wcll bouud books for recording all deeds, mortgages,
deeds.^^ ^^ ^^^ Other lieus and bills of sale separately.
7. To have properly stamped and labeled, and numbered or
Must label lettered, if required, all the books herein enumerated, and to keep
andindex . iii ti t i ^ /~i \ •!
the books of for cach (cxccpt the dockets called by the Court), a proper index,
and to supply any of said books or indexes needed, and to tran-
scribe the contents of any books of record which may be in a di-
lapidated condition.
8. To keep all the books, papers, dockets, and records belong-
8 e^Tet hieing to their office with care and security, and the papers filed,
to be^rrea- arranged, numbered, and labeled, so as to be of easy reference.
yre erence g^ ^^ procurc and prcscrvo for public inspection a complete file
Must pre- of all newspapcrs in which their advertisements appear, and have
serve and i jr x x 7
have bound them bouud in volumes of suitable size to be deposited and kept
news papers x r
idvlr^tises.^^ with their other records.
Must keep ^^' ^o keep at their offices all publications of the Laws of the
ces^au bo^^s United States furnished by the Grovernor, and the Laws and
PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 63
Article 2. — The Clerks of the Superior Courts.
Journals of this State, all Statute Laws, Dig-ests, this Code, theanddocu-
' > CD 1 ■> ^ ments a i s -
Supreme Court Reports, and all other law books, or other public *'|{jjfj^*|:/^^
documents distributed to them for the public convenience. venience.
11. To procure within thirty days after their qualification (if Must keep
not already done), a substantial seal of office with the name of the teai.'^
Court and County inscribed thereon.
12. To make out and deliver to any applicant, upon payment Mustcerti-
.fy copies of
of legal fees, a correct transcript, properly certified, of any mm- papers.
ute, record, or file of their office.
13. To make out transcripts of the record of all cases for the Mustmake
, ^ ^ out records
Supreme Court as the laws require. ^^^ supreme
14. To make a minute on all conveyances or liens of the day Mustmake
left for record, and the day recorded, to be signed officially, which record of
shall be evidence thereof, and to attest deeds and other written attest deeds
^ lor registra-
instruments for registration. t*^"-
15. To administer all oaths durina; term time required by the Must ad-
. minister
Court, and to record all oaths required by law. oaths.
16. To perform such other duties as are, or may be required by Must do
, ., ' . ,^ ' re* other duties
law, or as necessarily appertain to their omces. . of office.
§ 257. The Clerks of said Courts have authority —
1. To administer oaths and take affidavits in all cases permit- May admin-
ister oaths
ted by law, or where the authority is not confined to some other ^y la^^.
officer.
2. To receive the amounts of all costs due in the Court of which May re-
they are Clerks, and other sums whenever required to do so by due.
law, or order of the Judge, and not otherwise.
3. To advertise under the same rules and restrictions as Sheriffs. May ad-
vertise.
4. To exercise such other powers as are or may be conferred May exer-
, , , cise other le-
upon them by law. gai powers.
§258. Any such Clerk failing to perform any duty, or to exer- penaityfor
cise any authority when required, set forth in the two preceding duty .^^^
Sections, is subject to be fined for each offense by the presiding
Judge, during term time, as for a contempt, on information of any
party aggrieved, of which he shall have notice in writing.
§ 259. If any of such Clerks receive any money on any suit or cierk sub-
judgment from their Courts, or otherwise, and do not faithfully "'^''^ '"^ '''^^*
account for it, they are liable to rule as Sheriffs are, and they and
their sureties are likewise liable on their official bond.
§ 260. They are subject to the rule and order of their respective subject to
riilp {Lftpi* out
Courts after their retirement from office as Sheriffs are. of office.
64
PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department.
Article 3. — The Receiver.
§ 261. They are subject to be removed from office by the Judge
m^ed ft^om' ^^ ^^^ Said Court for any sufficient cause, including incapacity or
°^"®' misbehavior in office, charges for which must be exhibited to the
Court in writing, and the facts tried by a special jury, such Clerk
being entitled to a copy of the charges three days before trial.
§ 262. Their offices are subject to an examination by the Grand
Clerk's of- Juries, their committees, or any person whom they may especial-
Ace subject ' 7 ./ r j j i
to examina- ly empowcr to rcport to the same, or a succeeding Grand Jury,
Grand Jury qj. to the Jud<2;e of the Supcrior Court, who shall submit in writing
or commit- o i ^ o
*®®- the condition of said offices, and specify any neglect of duty, or
any thing done wrongly or corruptly by such Clerks.
§ 263. For any services rendered, or expenses incurred legally,
compen- by Said Clerks for their offices where no pay is specially provided,
sation when "^ n ^ r-i i n y
none pre- they must be paid out of the County treasury by order of the
Justices of the Inferior Court, after examining and passing upon
their accounts and vouchers, and finding them correct and reason-
able.
§ 264. If said Justices refuse to allow and order such accounts
ferSi^*colrt paid. Said Clerks may apply for and obtain a mandamus from the
iow%ay^ Judge of the Superior Court, who shall hear and determine the
mandamus ,• jv*i j' iif*-. •!•
lies. questions, and submit any disputed tact to a special jury.
ARTICLE III.
THE RECEIVER.
Section.
265. Receiver may be appointed — when.
266. Funds invested pending litigation.
267. Duties and liabilities of Receiver.
Section.
268. Receiver required to give bond,
269. Receivers of banks, etc.
§ 265. When any fund or property may be in litigation, and
Eeeeiver i]^q rights of either or both parties can not otherwise be fully pro-
may be ap- ^ . ■"■ *^
Fs°a"n^offic°er toctcd, or whcn thcro may be a fund or property having no one to
rior^courr* manage it, a Receiver of the same may be appointed (on a proper
case made), by the Judge of the Superior Court having jurisdic-
tion thereof, either in term time or vacation, and such Receiver is
an officer of said Court.
Pending a § ^^^' The presiding Judge, in his discretion under the law,
fSmaVbe may^ordcr any fund in the hands of a Receiver, or any other of-
Stete bonds^ ficcr of Court awaiting the determination of a protracted litiga-
PT; 1.— TIT. 5.— CHAP. 3.~JuDiciAL Department.
65
Article 3. — The Receiver.
Duty and
liability of
Etceiver.
tion, to be invested in State bonds, as executors and administra-
tors are authorized to do.
§ 267. The Receivers so appointed must discharge their trust
according to the order or decree of the Courts appointing them,
and are at all times subject to their orders, and may be brought to
account and removed at their pleasure.
§268. The Judges of the Superior Courts may, in their discre- Judge may
^ _ , ^ ^ require Re-
tion, require such Receivers to ffive bonds conditioned for theceiverto
give bond.
faithful discharge of the trust reposed, and if they require them,
they must fix the amount and the sufficiency of the security, and
also regulate their compensation.
§ 269. Receivers of banks, or other corporations hereafter ap- Eeceivers
pointed by any power, are amenable to, and must make their re- tions^'^\m[st
turns to, the Superior Court of the County where they reside at the to" superior
p , . Court.
time 01 the appointment.
CHAPTER [V.
THE COUNTY COURT AND ITS OFFICERS.
Article 1. — Tlie County Court,
Article 2. — The County Judge,
Article 3. — The County Solicitor.
Article 4. — The Clerk of the County Court,
Article 5. — The Sheriff and Bailiffs,
ARTICLE I.
county court.
Section.
270. Organization and name.
271. Sessions and time of holding.
272. Where to be held.
273. Who presides when Judge is disabled
271. Jurisdiction generally.
275. At semi-annual sessions.
276. Quarter sessions.
277. Extra sessions,
278. Criminal jurisdiction.
2T9. A Court of Inquiry — when.
280. Is a Court of Record.
281. Its powei's.
282. Proceeding at semi-annual sessions.
283. Quarter sessions.
284. Attachments — when returned.
285. Jury box and Grand Jury.
286. Petit Jury.
5
Section.
287. Oath of Juries.
288. Amendments.
Defenses.
Time of trial — continuances.
Mode of trial.
Claims — how tried.
Attachments— how tried.
Attendance of witnesses.
Moulding verdicts, etc.
296. Appeals.
297. Certiorari in civil cases.
298. In criminal cases.
299. Duty of Solicitor General.
Sales — how made.
Criminal practice.
Indictment— when tried.
Counsel and witnesses for accused.
289.
290.
291.
292.
293.
294.
295.
300.
301.
302.
303.
66 PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department.
Article 1. — Count}^ Court.
§ 270. A Court shall be organized in each County in this State,
Name. to be Called the County Court.
§ 271. The County Court shall hold semi-annual sessions in the
Sessions. Several Counties on the same days as the Inferior Courts are now
held ; and two additional terms, which shall be known as quarter
sessions, which shall be held at times as near equi-distant between
the semi-annual sessions as practicable — said time to be fixed by
the County Judge.
§ 272. Said Court shall be held at the Court House of the
Where held. CoUUty.
§ 273. In case of a vacancy, or when the Judge can not preside,
Vacancy or from sickucss or from any other cause, either of the Justices of
disability of . "^ . ^
Judge. the Inferior Court may preside until such vacancy la* filled or such
disability is removed.
§ 274. The County Court shall have the jurisdiction in all civil
jurisdic- and criminal cases hereinafter specified, and such jurisdiction shall
be exercised as hereinafter provided.
§ 275. Said Court, at its semi-annual sessions, shall have con-
At semi- currcut jurisdiction with other courts of law in all civil cases
^ilnT^ ^^^' where the amount involved is over fifty dollars, of which exclu-
sive jurisdiction is not vested in some other Court, including
jurisdiction in legitimating persons and changing names.
§ 276. The jurisdiction of said Court at the quarter sessions
At quarter shall be coufined to criminal cases, and to civil cases without limit
sessions. ^^ ^^ amount, arising out of the relation of master and servant,
whether suits for wages, applications to enforce performance, or
for other purposes ; also applications for the eviction of trespass-
ers, intruders, and tenants holding over, for the partition of per-
sonal property, for the trial of possessory warrants, or proceed-
ings under distress warrants, and habeas corpus cases.
§ 277. The Judge of said Court shall have power, whenever he
Extra ses- shall deem it necessary for the delivery of the jail or for the trial
sions. ^f ^jjQ cases specified in the preceding Section, to call extra ses-
sions of said Court ; but at such extra sessions there shall be no
jury trial in civil cases unless demanded by one of the parties
thereto, in which case the Judge shall cause a jury of five to be
immediately summoned to try the same. In all other cases the
proceedings shall be the same, in both semi-annual and quarter
sessions.
§ 278. The criminal jurisdiction of the County Court, at its
PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department. 67
Article 1. — County Court,
semi-annual and quarter sessions, extends to all offenses of which criminal
. -,. . . . 1 /~i jurisdiction.
exclusive jurisdiction is not vested in some other Court.
§ 279. If any offense is charged which is within the jurisdiction ^^^^^0^ ^ ^
of the County Court, and upon the trial thereof it shall appear ^^^^y-
that the crime committed is of a grade beyond its jurisdiction?
the trial thus begun shall be regarded as if before a Court of In-
quiry, and the Court shall dispose of the case accordingly.
§ 280. The County Court is a Court of Record, and the pro- conrt of
ceedings shall be recorded as in the Superior Court. '
§ 281. The powers of said Court to punish for contempt shall Powers.
be the same as those of the Superior Court; and the general pro-
visions of this Code, from Section 191 to Section 197, inclusive,
concerning tKe powers of a Court, apply to the County Court.
§ 282. In the semi-annual sessions the mode of commencing Euies of
suit, service, and proceedings in general, shall be the same as in ^^
the Superior Court, and said County Court shall exercise its juris-
diction under the rules of said Superior Court, unless specially
excepted.
§ 283. In all civil cases, not herein excepted, brought to the summons.
quarter sessions, the plaintiff shall procure from the Court a sum-
mons, in which shall be set forth the ground or grounds of com-
plaint and the time of trial, which summons shall be served by
the Bailiff or other officer at least five days before the time of
trial.
§ 284. Attachments, claims, garnishments, and other like pro- Attach-
ceedings returnable to the semi-annual sessions, shall be served at ^^^ ^' ^ ^'
least fifteen days before the first day of the session to which the
same are returnable ; and the same class of cases, returnable to
the quarter sessions, shall be served not less than ten days before
the first day of the session to which the same are returnable.
§ 285. Immediately after his election and qualification, the jury box
Judge and Sheriff shall make out a list of persons from the Re- jury.
ceiver's digest who are liable to jury duty, which shall be depos-
ited in a jury-box. At each semi-annual and quarter session the
Judge shall draw therefrom not more than eighteen nor less than
thirteen Grand Jurors, in the manner pointed out by law for the
drawing of Grrand Jurors in the Superior Court. They shall be
summoned to attend at, and shall serve for, the term next after
being drawn, and at any called sessions which may be held previ-
ous to the next term, and shall be organized and sworn in the*
^
^ fi
68 PT. 1.-— TIT. 5.~CHAP. 4.~-Jui)Icial Departmej^t.
■■■■»■■■■ -f-' ^ - - ■.■■..■■.■ ■ ■■ m . — ■ — ' •
Article 1. — County Court
same manner as Grand Jurors in the Superior Court. The pro-
ceedings in all respects, so far as applicable to said Court, shall
conform to the laws and usages which govern the Superior Court,
§ 286. From the same jury-box, and at the same time, and in
other ju- the Same manner, the Juda^e shall draw a iury of twelve, who
ries. y a k, ^ '
shall also serve for the term next after being drawn, and at any
called sessions which may be held previous to the next term ; and
if from any cause there should be a deficiency of the original
panel at the session of said Court, the Judge shall cause to be
summoned a sufficient number of taleB jurors to make up the origi-
nal panel, for the trial of civil cases, and shall also summon twelve
tales jurors so as to make up a panel of twenty-four jurors for the
trial of criminal cases, from which by strikes, as in the Superior
Court, a jury may be selected.
§ 287. The jurors serving in the County Court shall take the
Oath of same oath as is provided for like jurors in the Superior Court,
and they shall be paid in the same manner.
§ 288. The provisions of this Code concerning amendments ap-
merits. ply to the (Jouuty (Jourt at either session.
§ 289. The provisions of this Court concerning defenses also
apply to the County Court at either session.
§ 290. Trials shall be had at the second session after service of
Time of proccss, at the term succeeding that to which such process is re-
turnable, unless on cause shown for continuance; and continu-
ances may be allowed under the same rules as in the Superior
Court.
§ 291. All civil cases before the quarter sessions shall be tried
Mode of ^y t^® Judge, without the intervention of a jury, unless a jury is
*^^^^' demanded by one of the parties to the record.
§ 292. Claims to personal property in the quarter sessions.
Claims— whcrc the execution or order issues from said Court, shall be tried
in the same manner as in Justice's Court; and in the semi-annual
sessions, in the same manner as in the Superior Court.
§ 293. In all cases of attachment returnable to the semi-annual
or quarter sessions, the trial and proceedings shall be the sam.e as
in the Superior Courts.
§ 294. The Judge shall have the power to compel the attend-
Witnesses, ance of witnesses by siibfcena or otherwise.
§ 295. Verdicts or judgments may be so moulded as to subserve
the ends of justice, and may be either for a sum certain, for the
PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department. 69
Article 1. — County Court
delivery of specific property, for the eviction of an intruder, or
the performance of a Court contract, or in such other form as
may seem just and proper, and may be in the alterative.
§ 296. Appeals as novf taken from the Inferior Court may be Appeals.
taken to the Superior Court (in ail cases tried at the semi-annual
sessions), and either party in a civil case may in like manner ap-
peal from the judgment rendered at the quarter sessions.
§-297. A certiorari may be had upon the application of the party Certiorari.
complaining of error to the County Judge, within ten days after
the trial, with notice to the opposite party or his attorney, stating
the ground of complaint, and giving a brief of the material
evidence, upon which it shall be the duty of the Judge to proceed
as under a writ of certiorari^ to certify the proceedings of the
County Court to the Judge of the Superior Court within ten days
after such application, and the Judge of the Superior Court shall
hear and finally determine the same at Chambers, or the session
of the Superior Court as may seem proper.
§ 298. In criminal cases a certiorari at the instance of the de- . Certiorari
" in cnmmal
fendant may be had as provided in the preceding Section, and ^'^^^^•
upon notice to the Judge of the application, the sentence shall be
suspended until the certiorari is decided. On hearing such writ
of certiorari^ the Judge of the Superior Court may either grant a
new trial or pass such judgment or sentence as in vievf of the
whole case is consistent with justice.
§ 299. When any case is carried up as provided in the preceding
Section, the Solicitor or Attorney General of the Circuit shall take
charge of and prosecute the same, for which he shall have the same
fees allowed in bills found in the Superior Court.
§ 300. The regulations for sale under execution or order from saies.
the County Court for sums exceeding fifty dollars shall be as in
the Superior Courts, and for fifty dollars or less as in Justice's
Court ; and in case of perishable property, the Judge may so or-
der the time of sale as to subserve the ends of justice.
§^01. All the proceedings in preferring bills of indictment or Practicein
presentment, and submitting the same for trial, shall conform to S™^"* ^'
the laws and rules governing in the Superior Court in similar pro-
ceedings.
§ 302. Every indictment in the County Court, either at its semi- criminal
annual or quarter sessions, shall be in order for trial at the term ZltV^^^"^
at which it is found, but it shall be the duty of the Judge to al-
;3
TO
PT. 1.— TIT. 5.— CHAP. 4.— Judicial DepaetmenTo
Article 2. — The County Judge.
low reasonable time to both parties to summon witnesses, and to
the defendant to procure counsel.
§ 303. If the accused has no counsel, and is unable to employ
Counsel couusel, it sliall be the duty of the Judge to assign counsel to the
and witness- i i . • ? /» i • j i
esfor accus- accuseci, and to issue subpoenas tor such witnesses as he may rep-
resent to be material for his defense, and if necessary to compel
their attendance : provided^ the Judge may exercise his discre-
tion in compelling the attendance of witnesses whose testimony,
in the opinion of the Judge^ would be immaterial to the case.
ARTICLE II.
THE COUNTY JUDGE,
Section.
304. Office—where held.
305. Election and official term.
306. Vacancy — how filled.
307. Commission and oath.
308. Qualifications.
Section.
309. May practice law — ^when-
310. His duties.
311. His a>uthority.
312. His compensation.
313. His fees and costs.
§ 304. The Judge of the County Court shall be entitled the
tie'^^'Jffice— "County Judge," and shall have his office at the Court House of
where kept ^he CoUUty.
§ 305. He shall be elected on the first Wednesday in May, 1866,
Election ou the first Wednesday in January, 1870, and every fourth year
office. ^ thereafter, and shall in all cases hold his office until his successor
is elected and qualified.
§ 306. Any vacancy in the office of County Judge shall be
'hff^'mS~ fi^^6^ ^s i^ ^^s® ^^ *^® Clerk of the Superior Court (as provided
in Sections 245 and 246 of this Code), upon fifteen days' notice.
§ 30T. The County Judge shall be commissioned by the Gov-
_ commis- emor, and shalh take the oath of office prescribed for Judaies of
sion and ' ^ ^ °
oath. i]^Q Superior Court, and no other oath.
§ 308. No disqualification for holding the office of County
May hold Judgc shall arise from being Clerk of the Inferior Court, or from
other offices. , , ° , -^ . , . , . . -i i • i
holding any other omce not involving duties incompatible with
the duties of the County Judge.
§ 309. The County Judge may, if an attorney at law, practice
May prac- , . .
tice law in in cascs nover connected with his own Court.
certain cases po^AT^ ^ c ^ t ^
§ 310. It shall be the duty of the County Judge —
1. By himself or hi^ clerk, to keep a strict accoun.t of all
PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department. 71
Article 2. — The County Judge.
fines and forfeitures, out of which he shall pay himself and the ^j.^ ^^^.^^
officers of said Court, p^o rata, all costs which have accrued enumerated.
in said Court known as insolvent cost ; the remainder, if any,
after such payments, and all other moneys, except his costs,
which come to his hands as County Judo;e, or into the hands of ^.
'^ ° ^ Fines and
his clerk in his official character, he shall pay over to the County forfeitures—
, *^ '' now disx)OS-
Treasurer, and report receipts and disbursements to the Grand ^^ o^-
Jury of the Superior Court; and if such fines and forfeitures are
not sufficient to pay said insolvent costs, the same shall be
paid out of the County treasury, or such part as may be inspected
and approved by the Grrand Jury of the County: provided^ that
no insolvent costs shall be allowed for more than two witnesses to
the same material point.
2. He shall keep an index of Court contracts, and a list of all shaii keep
certificates and discharges granted by him, which shall be subject iist.
to the inspection of any one interested therein.
3. He shall provide a seal for the County Court, and shall court seal
. .. ... — inspection
inspect, revise, and pass upon all jail fees arising under his juris- of jaiifees.
diction before the same are paid by the Inferior Court.
4. It shall be his duty to have a clerk in office, in case of his shaiihave
. , , a clerk.
own sickness or absence.
§ 311. The County Judge shall have authority —
1. To -issue bail process in civil cases, admit to bail in criminal nisanthor-
■"• ' Ity defined.
cases, issue attachments, foreclose mortgages on personal property,
issue warrants of distress for rent, issue possessory warrants, writs
of haheas corjjus, and other writs or warrants not within the
exclusive jurisdiction of some other Court or officer.
2. He may attest contracts or deeds for registry, administer May attest
contrcicts
oaths, and exercise all the powers of a Justice of the Peace in administer
. .,,..-,. . . ^ , oaths and is-
matters civil and criminal, issue warrants requiring offenders to be sue warrants
brought before him or some other Judge, or some Justice, and sit
singly or in conjunction with others, as by law required, on a
Court of Inquiry.
3. He may, at any time, hear and determine the cases of all May try
".*' criminals
persons charged with crimes, upon accusations drawn up by the T^r^^^^l^*
County Solicitor, without a jury; provided the person or persons
so accused shall, in open Court, declare that he, or she, or they,
waive an indictment or presentment by a Grand Jury, and arraign-
ment and trial by a Petit Jury, which declaration shall be entered
on the accusation, and also on the minutes of said County Court.
72 PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department.
Article 2. — The County Judge.
4. He sliall have power to use the County jail for the detention
Count^^ "¥ ^^ accused parties, and for the punishment of those convicted of
offenses, or guilty of contempt. Commitments by him shall be
lawful warrants to the Jailor and shall be obeyed by him.
5. The enumeration in this Section is not exhaustive, but the
other County Judge may in general exercise all such powers as are
essential to the functions granted.
§ B12. The County Judge shall receive no salary from the State,
Has no sal- but shall reccivc compensation for his services in the way of fees
named in the Section next following, which fees shall be taxed in
his bill of costs.
§ 313. In cases not specially excepted, the Judge's costs in the
His fees scmi-annual Courts shall be the same as those of the Clerks of
and costs.
the Superior and Inferior Courts for like services. In cases in
the quarter and extra sessions if the sum in damages claimed
exceed fifty dollars, then two-thirds of such costs, and if not
over fifty dollars, then one third of such costs shall be taxed as
the Judge's costs ; and in all other cases in which he is authorized
to act, he shall have such fees as are now allowed by law to
other officers for similar services. The Judge's costs in criminal
cases shall be two dollars for every case begun, and two dollars
additional for every case tried or transmitted to the Superior
Court. His costs for a case in which discharge or specific per-
formance is prayed, or other like case not claiming money, shall
be two dollars. For the foreclosure of mortgages, the partition
of personalty, the removal of intruders, trespassers, or tenants
holding over, the trial of claims, for the certiorari of any case,
forcible entry or detainer, abatement of nuisances, for proceed-
ings usually tried at Chambers, such as possessory warrants, liaheas
corjyus cases, and the like, three dollars. He shall receive one
dollar for every Court contract which he may approve. In cases
in which no fees are prescribed by law, the Ordinary or any three
Justices of the Inferior Court may determine what shall be the
Judge's costs.
PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department.
73
Article 3. — The County Solicitor.
ARTICLE III.
THE COUNTY SOLICITOR.
Section.
314. His designation.
315. Election and commission.
316. His qualifications.
317. How sworn and removed.
Section.
318. Solicitor pro tern.
319. Fees of Solicitor.
320. Is collecting officer.
314. There shall also be a prosecuting attorney, who shall be coimtySo
called ''County Solicitor.'*
licitor.
315. The County Solicitor shall be elected at the same time How elect-
ed and com-
missioned.
Qualifica-
tions.
and commissioned in the same manner as the County Judge.
§ 316. Such County Solicitor shall have been a practicing at-
torney, and after his election shall reside in the County for which
he is elected.
§ 317. He shall be qualified and sworn as Solicitors and Attor- iiow sworn
ney General are qualified and sworn, except that his oath of
office shall be taken before the County Judge or the Justices of
the Inferior Court, and shall be removable from office in the same
manner as Solicitors General are removable.
§ 318. In case of vacancy, absence, sickness, or other disability solicitor
of the County Solicitor, the Judge may appoint any practicing
attorney to perform his duties during such absence, sickness or
other disability, or until such vacancy can be filled by a new
election.
§ 319. The County Solicitor shall receive the same fees as are
now allowed to the Solicitor General of the Circuit in the Superior
Court for such cases as come within the jurisdiction of the County
Court.
§ 320. He shall be the collecting officer for the County Court,
and shall collect all fines, forfeitures, and bonds, and pay the same i^^g officer.
over to the County Judge, who shall disburse them according to
the provisions of Section 310 of this Code.
His fees.
Is collect-
ARTICLE lY.
CLERK OP THE COUNTY COURT.
Section.
321. His appointment and removal.
322. How paid.
323. Record of appointment.
Section.
324. Oath and powers.
325. Shall keep minutes, etc.
326. Shall keep dockets.
74 PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department.
Article 5.— Tlie Sheriff and the Bailiffs of County Court.
§ 321. The Clerk of the County Court may be either the County
Clerk. Judge himsolf or any person appointed by the Judge, removable
at his pleasure.
§ 322. The Clerk shall be paid by the Judge, who is responsi-
Howpaid. ble for the good conduct of such Clerk.
Eecord of ^ ^^^' ^^^^ appointment and removal of the Clerk shall be en-
appointment tercd ou the minutes.
§ 324. He shall be sworn to the faithful and impartial discharge
Oath and of liis dutics, and shall be competent to discharge all of the duties
powers. ' 1 • • ^ i
of the Judge not judicial in their character.
§ 325. The Clerk, or Judge acting as such, shall keep the min-
Minutes utcs of the Court, rccord its proceedings, and issue its orders and
and Records. ^ ^ ° ^
processes.
§ 326. Such Clerk, or Judge acting as such, shall also keep
Dockets, proper dockets — to wit : One Subpoena and one Execution Docket,
for all sessions of said Court ; for the quarter and extra sessions,
one Docket of Civil Cases generally, and also one for Criminal
Cases ; for the semi-annual sessions, one Common Law Docket, one
Docket for Claims, Motions, Illegality, and other like proceedings,
and any other docket for either session which the Judge may di-
^ rect.
ARTICLE V.
THE SHERIFF AND THE BAILIFFS OF COUNTY COUHT.
Section.
327. Sheriff 's duty.
328. His fees.
329. Bailiffs — appointment of.
330. Special Bailiff.
331. Their bond and oath.
Section.
332. Special Bailiff 's duty.
333. Temporary Bailiffs.
334. Bailiff's fees.
335. Costs— garnishment for.
§ 32T. The Sheriff and his deputies, when required by the
Duty of County Judge or the Clerk, shall execute any writ, process, or or-
deputy. (Jer of the County Court or Judge, as if from the Superior Court,
and shall attend the sessions of the County Court.
§ 328. For cases in the County Court, within the jurisdiction
Sheriff's of the Justico's Court, the Sheriff's fees shall be the same as a
fdCS
Constable's, and in other cases they shall be the same as in the
Superior Court. For summoning juries for the semi-annual ses-
sions, five dollars ; for the quarter sessions, three dollars.
§ 329. Bailiffs may be appointed by the County Judge, not to
PT. 1.— -TIT. 5.— CHAP. 4.— Judicial Department. 75
Article 5. — The Sheriff and the Bailiffs of County Court.
exceed four in number, one of wliom shall be called Special BaiUffs.
Bailiff.
§ 330. The Special Bailiff shall siive bond, as now provided by Bond, duty,
^ . . ... "^ and liability
law, for the faithful discharge of his duties, in the same manner $f special
, . Bailiff.
as the Sheriff of the County. He shall have all the power in the
execution of the duties of his office as the Sheriff, and be subject
to the same pains and penalties. All orders and processes shall
be directed to him as well asgfche Sheriff, and he shall have the
same power to sell property under execution or orders issuing from
said County Court as the Sheriff has.
§ 331. The other Bailiffs shall each give bond in a sum to be Bond of
Y' other Bailiffs
fixed by the County Judge, and they and the Special Bailiff shall
be sworn to the faithful and impartial discharge of their duties ;
and the appointment and removal of all Bailiffs shall be entered
on the minutes.
§ 332. It shall be the duty of the Special Bailiff, unless the Duty of
Judge shall assign the duty to the Sheriff or his deputy, to collect nff as col-
li -r* I'll 1 -T Ifcting of-
all executions tor costs ; and m ail cases where costs are not paid ficer.
instanter, executions therefor shall be issued, and ten per cent,
additional collected as commissions of the collecting officer.
§ 333. One or more temporary Bailiffs for particular occasions Temporary
may also be appointed, who need not give bond, but must be sworn
and their appointment entered on the minutes.
§ 334, A Bailiff's fee shall be the same as a Sheriff's, in like Bailiff's
fees.
cases.
§ 335. In cases between master and servant, which shall go Garnish-
against the servant, the judgment for costs, upon written notice costs in ce?-
to the master, shall operate as a garnishment against him, and he
shall retain a sufficient amount for the payment thereof out of any
wages due to said servant, or to become due, during the period of
service, and may be cited at any time by the collecting officer to
make answer thereto.*
* For tlie law as to the County Court and its officers, see Acts of 1865-6, pp."
64-7i, and Acts of 1866, pp. 53-54
tain cases.
76
PT. 1.— TIT. 5.— CHAP. 5.— Judicial Department.
Article 1. — The Inferior Court and its Justices.
CHAPTER V.
THE INFERIOR COURT : ITS JUSTICES AND CLERKS.
Article 1. — The Inferior Court and its Justices.
Article 2. — The Clerh. 4
ARTICLE I.
the INFERIOR COURT AND ITS JUSTICES,
Section.
336. Election, oath, and official term.
337. Vacancies — ho\7 filled.
338. Vacancies need not be filled — wlicn.
339. Persons elected to fill vacancies.
340. Persons eligible.
3-il. Number necessary to hold Court.
Section.
342. When Justices are equally divided.
343. Their disability, privilege, etc.
344. When a majority are interested.
345. May punish contempts.
346. In relation to County property, etc.
347. Other powers and duties of Court.
Number,
election, of-
ficial term,
and oath of
Justices.
Vacancies
— how filled.
No special
election —
when.
Those
elected to fill
vacancies.
Who are eli-
gible.
§ 336. The presiding officers of the Inferior Court consist of
five persons, styled the ''Justices of the Inferior Court," who are
elected by the people of their respective Counties at the times and
in the manner hereinafter prescribed, and who hold their offices
for four years, unless sooner removed in the manner prescribed
by the Constitution. Before entering upon the duties of their
office, they must take the oath required of all civil officers, and
in addition the oath taken by the Judges of the Superior Courts.
§- 337. When a vacancy occurs, any two or more of said Jus-
tices, and one, if only one in the County qualifies, and if not one,
then the Ordinary of the County shall order an election as pre-
scribed in the case of a vacancy in the Clerkship of the Superior
Court.
§ 338. If there are as many as three of said Justices in com-
mission and in the discharge of their duties, and the vacancy
takes place not exceeding eight months prior to the next regular
electiyon for such Justices, there must not be any special election.
§ 339. The persons elected to fill the vacancy are commissioned
for the unexpired terms of the outgoing Justices, and hold their
offices accordingly.
§ 340. No person is eligible to such Justiceship unless he has
been a resident citizen in the County in which he is to preside for
PT. 1.— TIT. 5.— CHAP. 5.— Judicial Depaktm&jstt. T7
Article 1. — The Inferior Court and its Justices,
at least one year next precedinc^ his qualification. Persons elected can not
•^ .1 1 .,. , practice law
Justices of suck Court can not practice law therein, directly nor
indirectly.
§ 341. Not less than three of such Justices can hold a Court, vbat num-
ber may hold
and when three preside it requires the concurrence of two to make court.
a judgment. When more than three preside there must be a con-
currence of three.
S 342. When four of said Justices preside and are equally di- when
. , . , . . equally di-
vided in their opinions, the question or case on which it arises vided in
■'■-'■ ^ • opinion the
must be postponed until the fifth Justice can preside, or until the c^^e stands
next term of the Court.
§ 343. They are disqualified from holdinsr any other County Disability,
office, but are eli^-ible as members of the General Assembly, to ^n^ exemp-
' ° .... tions.
military offices, and are exempt from jury, militia, and patrol
duty.
§ 344. Suits can not be entertained by such Justices where a cases go
^ ^ "^ to Superior
majority of their number are interested, and in such, and in all comt-when
cases where such majority are disqualified, suits must be brought
in the Superior Court ; but if brought before said Justices they
do not abate, and there may be an appeal to the Superior Court,
as in other cases.
§ 345. The Inferior Courts have authority — May pun-
To punish for contempt by fines not exceeding fifty dollars, or tempts.*^ ^ ° '
imprisonment not exceeding five days.
§ 346. To exercise original and exclusive jurisdiction, when sit- Exclusive
on, 1 p n • 1 . • jurisdiction.
ting lor County purposes, over the lollowmg subject-matters — viz :
1. In directing and controlling all the property of the County AatoCoun-
as they may deem expedient according to law\
2. In levying a general tax for general, and a special tax for AstoCoun-
particular. County purposes, according to the provisions of this
Code.
3. In establishing, altering, or abolishing all roads, bridges, and As to roads,
P . . P . , ° bridges, and
terries, m coniormity to law. ferries.
4^ In establishing and changing election precincts and militia ^s to
, o o i changing
districts. election pre-
cincts.
5. In supplying by appointment all vacancies in County offices, as to va-
and in ordering elections to fill them. county ofa-
CCS
6. In examining, settling, and allowing all claims against the as to claims
r\ J. against the
County. County.
7. In examining and auditing the accounts of all officers hav- as
to ac-
78 PT. 1.— TIT. 5.—CHAP. 5.— Judicial Departjment.
Article 1. — The Inferior Court and its Justices,
counts of ino' tlie care, manao-ement, keeping, collection, or disbursement of
financial ^ 7 & 7 r &7 ?
County offi- monej belonging to the County^ or appropriated for its use and
benefit, and in bringing them to a settlement.
8. In making such rules and regulations for the support of the
Coimt \w^ P*^^^' ^^ ^^^ County, for County police and patrol, for the promo-
tion of health and quarantine, as are granted by law, or not in-
consistent thereyfith.
As toped- 9. In regulating peddling and fixing the costs of license
therefor.
Authority— § 347. The Justiccs of the Inferior Court have authority —
To appoint 1- [To appoint some fit and proper person to open and adjourn
Sp^en^andad^ their Court, in the absence of an officer to do so.] (a)
journ our . ^^ rj}^ ^-^^ ^^ ^^^^ ^j^^^ ^^ ^ Court for Couuty purposcs, and for
any^w^or *^® cxcrcise of any power they possess as Justices, as a quasi
posS!^ ^^^' corporation, contradistinguished from their power as a Court.
3. To appoint any person to discharge any trust authorized by
May ap- their powers, where no other person is designated by law, and to
point agents. i , i • , • i, itii
regulate his compensation, and to take bond and security.
Attest 4. To attest deeds and other written instruments for register.
deeds. ^ ^ "^^
5. To approve of all official bonds required of them by law and
Approve scut them by the Governor with the dedimus, to qualify such offi-
officialbonds t,it ii ,t • ••
cers and to aeliver them tneir commissions.
Mayactas 6. To act as members of the Board of Education of their re-
Board of Ed- .
ucation, SpCCtlVC CoUUtieS.
7. To exercise such other powers as are granted by law, or are
other pow- .... •
^^^ indispensable to their jurisdiction.
ARTICLE II.
THE CLERKS OF THE INFERIOR COURTS.
Section.
348. Election, qualification, etc.
349. Vacancies — how filled.
350. Oath, bond, etc.
Section.
351. May appoint a deputy.
352. Duties enumerated.
353. His compensation in certain cases.
§ 348. The Clerks of the Inferior Courts are elected, qualified,
Election commissioued, hold their offices, and are removed as the Clerks of
and term of , i c^ . /-^ ,
office. the feuperior Courts are.
(a) Acts of 1861, p. 56.
PT. 1.— TIT. 5.— CHAP. 5.— Judicial Department. 79
Article 2. — The Clerks of the Inferior Courts.
§ 349. Vacancies are supplied as they are in the offices of the vacancies
Clerks of the Superior Courts, except that the Justices of the In-
ferior Courts appoint in the particular cases where the Judges of
the Superior Court appoint ; and where the contingency happens
mentioned in Section 250, the duties devolve upon the Clerks of
the Superior Courts, if any, and if none, then as provided for in
said Section.
§ 350. The Clerks of the Inferior Courts take the same oaths oath, bond,
etc
and give the same bond as the Clerks of the Superior Courts, and
are removable in the same manner.
§ 351. They may appoint deputies and require bonds of them, Mayappoint
and are otherwise under the same disabilities ; are subject to the
same rules and regulations, and must perform the same duties as
the Clerks of the Superior Courts do for their Courts, whenever
applicable to the Inferior Court and there is no provision to the
contrary.
§ 352. In addition, it is their duty — Duties of
. . . Clerk—
1. To attend all sessions of said Court, and all sessions of said
Justices on County business, and keep fair and regular minutes of comt.
their proceedings.
2. Upon the request of any one of them, to notify the Justices ,. ^r^'^p-
*■ ^ «^ ' t/ ticc of special
of the Inferior Court of the time and cause of every special ses- sessions.
sion.
3. To keep all the dockets, books, indexes, and files required Keepdock-
, , f, •, o ' 1 ^ ets and other
by law for the use of said Court. books.
4. To keep a well-bound book in which must be entered a copy to keep
01 the bonds of County officers. ficiai bonds.
5. To keep other books, in which must be kept the records of Book of
I'l - 111 T n Constables
all Constables bonds, and m the other the oaths and bonds of all and retailers'
. . Vi . . ,. bonds and
persons who obtain permission to sell spirituous liquors. oaths.
6. To keep a book for entering marks, brands, and estrays, and to keep
a book for the registry of the names, descriptions, and oaths of marks^^a n"d
■.. -, T T-i brands.
licensed peddlers.
7. To enter on the minutes the items of all accounts allowed to enter
by the Justices of the Inferior Court, as well as the order for aiiowTd."" ^
their payment.
8. To keep a book in which shall be entered all sums received to keep ac-
hy them on account of the County and paid to the Treasurer, and ney^receive^d
n 1 , • 1 r» 1 'p and paid out
tor what special tuna, it any.
9. To transmit to the Clerk of the Superior Courts all eertio-
80
PT. 1.— TIT. 5.— CHAP. 6.— Judicial Department.
Article 1. — The Ordinaries and their Courts.
Other du-
ties.
To trans- Tari, and other papers of wliicli the Superior Court obtains iuris-
mit appeals. ,. .
diction.
10. To perform such other duties as are or may be required of
them by law, or as are indispensable to those required.
§ 353. For the services they are required to perform for the
Compensa- Justices of the Inferior Court on account of their Counties, for
tion for cer- i.t^ -n •ttit-i
tain services "vyliich uo foes are Specially provided, they shall receive an annual
salary, to be fixed by such Justices at the close of each year, to
be regulated by the services performed and the means of the
County, which shall be not less than fifty nor more than two hun-
dred dollars.
CHAPTER VI.
ORDINARIES.
Article 1.
Article 2.
Article 3.
■The Ordinaries and their Oo7irts.
■The Ordinaries as Clerks.
■The Ordinaries as School Commissioners, etc.
ARTICLE I.
THE ORDINARIES AND THEIR COURTS.
Skction.
354. Name and style of the Ordinary.
355. His election and term of office.
356. His oath of office.
357. His bond.
358. Vacancies — how filled.
359. Ordinaries elected to fill vacancies.
3G0. Must complete unfinished business.
361. When Ordinary is disqualified.
362. Eligibility and disability.
363. His trust as executor, adm'r, etc.
Section.
364. Who takes administration.
365. Where Ordinary's office must be kept.
366. Jurisdiction and powers of his Covirt.
367. May punish for contempt, etc.
368. May grant administration — when.
369. Administration in certain cases.
370. Must report estates unrepresented.
371. Failing to account as executors, etc.
372. Can not practice law in his own Court
373. May administer oaths.
§ 354. The Court established pursuant to the amended Consti-
jN-ame and tutiou, approved the second time December 5th, 1851, has the
style of Or- ? i. i 77
his oouii;^ *^ ^^^® and style of the Court of Ordinary, and the incumbent
thereof has the name and style of the Ordinary.
§ 355. The Ordinaries are elected by the people of their respect-
Election iye Countics, at the time and in the manner hereinafter prescribed,
ana term of -^ -«• -^
who hold their offices for four years, unless sooner removed in the
manner prescribed by law.
office.^
PT. 1.— TIT. 5.— CHAP. 6.— Judicial Department. 81
Article 1. — The Ordinaries and their Courts.
§ 356. Before entering on the duties of tlieir offices, they must oath.
take and file the oaths required of all civil officers, and in addi-
tion the following oath :
'' I do swear that I will well and faithfully discharge the duties
of Ordinary for the County of , during my continuance
in office, according to law, to the best of my knowledge and ability,
wilhout favor or affection to any party, and that I will only receive
my legal fees. So help me Grod."
§ 357. They must also give bond and surety, in the sum of one Bond,
thousand dollars, for the faithful discharge of their duties as
Clerks of the Ordinary.
^ 358. When a vacancy occurs in the Ordinary there shall be Yacancy—
^ '' -^ how filled.
an election to supply the same, ordered by the Justices of the In-
ferior Court, in the same manner as for Clerk of the Superior
Court, and until the same is filled, the Clerk of the Superior Court
shall perform all the duties which the Ordinary could perform as
Clerk, and no more.
§ 359. The person elected to supply the vacancy must be com- q ^ (?^^nTr"/
missioned for the unexpired term, unless it does not exceed three vac^ancy.^^^^
months from the time the election can be ordered and held ; if so,
th^re must not be any special election.
§360. All citations and other unfinished proceedings of the citations,
former Ordinary must be disposed of by the successor as though disposed of
- by successor
there had been no vacancy.
§ 361. When the Ordinary is disqualified, the proceedings shall Proceed-
be carried as though by consent of parties, by appeal, to the Su- ordinary is
_, -, . T . /in- disqualified.
perior Court ; and m the meantime temporary letters shall issue,
or other legal means used, if necessary, to preserve the estate.
§ 362. The elioribility and disabilities of the Ordinary, aside Eligibility
•^ o J '^ ' and disabili-
from the Constitution, are the same as the Clerks of the Superior tyofOidina-
Courts for their offices, with the addition that they can not, during
their terms of office, be executors, administrators, or guardians,
or other agent of a fiduciary nature required to account to their
Courts ; but they may be administrators, guardians, or executors,
in cases where the jurisdiction belongs to another County, or
where, in special cases, they may be allowed by law and required
to account to the Ordinary of another County.
§ 363. When any persons holdinsr such trusts are elected Ordi- ^is trust
•^ ^ a as executor,
naries, their letters and powers (immediately) abate on their qual- on^'j^ig^eiec-
ification. *^<^°'
6
..I
iiiiii-'fliil
82 PT. 1.— TIT. 5.— CHAP. 6.— Judicial Department.
Article 1. — The Ordinaries and tlieir Courts.
§ 364. When the Ordinary is also the Clerk of the Superior
Who takes Court, and there is no public administrator, or other person upon
£idministra- ■, i ^ i i • • • r-
tion when whom the law casts the administration of unrepresented estates,
theOrdina- ...
ry is Clerk guc^ administrations are cast upon the Clerks of Inferior Courts,
of Superior _ ....
Court. unless they too are Ordinaries ; in which last event the Sheriffs of
the several Counties must become such administrators.
§ 365. The Ordinaries must keep their offices at the place and
Where his in the manner prescribed for Clerks of the Superior Courts, and
be kept. ' must hold their Courts at the place prescribed for the Superior
Courts, or in their offices.
§ 366. Courts of Ordinary have authority to exercise original,
jurisdic- cxclusi^ve, aiid general jurisdiction of the following subjects-matter :
tion and - --.. ..,--.■—«
power of 1. Probate of wills.
Courts of
Ordinary. 2. The granting of letters testamentary, of administration, and
the repeal or revocation of the same.
3. Of all controversies in relation to the right of executorship
or administration.
4. The sale and disposition of the real property belonging to,
and the distribution of, deceased j)ei^sons' estates.
5. The appointment and removal of guardians for minors and
persons of unsound mind.
6. All controversies as to the right of guardianship.
7. The auditing and passing returns of all executors, adminis-
trators, and guardians.
8. The discharge of former, and the requiring of new surety,
from administrators and guardians.
9. The issuing commissions of lunacy in conformity to law.
10. Of all such other matters and things as appertain or relate
to estates of deceased persons, and to idiots, lunatics, and insane
persons.
11. Of all such matters as may be conferred on them by the
Constitution and laws.
12. [And concurrent jurisdiction with the County Judge in the
binding out of orphans and apprentices, and all controversies be-
tween master and apprentice.] (a)
§ 367. Such Courts may issue rules and attachments for con-
May pTin- ^ *'
tem^r \mi *®^P^^ offered the Court, or its process, by any executor, admin-
d^Ince^o^ati istrator, guardian, or other person, and may punish the same by
orders.
(a) Acts of 1865-6, p. 6.
PT. 1.— TIT. 5.— CHAP. 6.— Judicial Department. 83
Article 1. — The Ordinaries and tlieir Courts.
a fine as high as fifty dollars, or imprisonment not exceeding five
<iays (one or both).
§ 368. The Ordinary can grant administration upon no person's in what
„ cases Ordi-
estate who was not a resident oi the Uounty wiiere the applica-nary may
. . grant ad-
tion is made at the time of his death, or, being a non-resident of ministration
the State, has property in said County, or a bona fide cause of
action against some person therein.
§ 369. When such non-resident deceased persons, have such in what
, (, . . , ^ County ad-
pronerty or such cause oi action m more than one County, ministration
*'mavbe
such letters may be granted in either County, and the Ordinary granted.
first granting them acquires exclusive jurisdiction.
§ 370. Such Ordinaries shall at each term of the Superior Must re-
Courts of their respective Counties report to the presiding unrepresent-
Judge the estates in their hands unrepresented, together with
their condition.
§ 371. If any Ordinary fails faithfully to account as executor. Failing to
"«'''•' ' account as
administrator, or guardian, after becomins; such Ordinary, which f'^ecutor etc.
trusts he held at the time of his election, he is ineligible to a re- reSfctlon^*'
election.
§ 372. No Ordinary shall engage, directly or indirectly, in the can not
practice of law in his own or in the name of another, as a part- j.^ ^}^ own
ner, open or silent, or otherwise, in any cause or proceeding in
his own Court, or in another Court of which his own Court has,
or has had, or may have, jurisdiction.
§ 373. FThe several Ordinaries of this State are authorized to Mayadmin-
, . . , . . . . ister oaths.
administer oaths in all cases where the authority is not specially
delegated to some other officer, and receive the same fees therefor
as are allowed Justices of the Peace.] (a)
ARTICLE 11.
THE ORDINARIES AS CLERKS.
Section.
374. Ordinaries may appoint clerks.
375. Powers of such clerks.
Section.
376. The Ordinary may require bond, etc.
377. Special duties of the clerk.
§ 374. The Ordinaries are, by virtue of their ofiices, Clerks of ^ ^ .
" -" ./ 7 Ordinaries
their own Courts, but they may, at their own expense, appoint ?Jei?^' own
one or more clerks, for whose conduct they are responsible, who ^""^^'^^•
hold their offices at the pleasure of such Ordinary.
(a) Acts of 1865-6, p. 41.
84 PT. 1.— TIT. 5.— CHAP. 6.-— Judicial Department.
Article 2.— Tlie Ordinaries as Clerks.
■ i nr . . '■ — ——————— _______^
Powers of § ^'^5. Such appointed clerks may da all acts the Ordinaries-
Clerk. could do, not judicial in their nature.
§ 376. When clerks are thus appointed, before entering on the-
May give dutics of their offices, they may give to the Ordinary a bond and
security in the sum of one thousand dollars.
§ 377. It is the duty of such clerks, or the Ordinaries acting
The dutics as such
of the Clerk
of ordSy! ^* ^^ issuc all citatious required by law.
2. To grant temporary letters of administration.
3. To grant marriage licenses.
4. To issue all ji. fas. for costs on all judgments of the Ordi-
nary or other process necessary to enforce them.
5. To issue subpoenas for witnesses, and all similar process for
ripening a trial.
6. To issue any paper or process by order of the Ordinary,
and bearing test in his name as other Clerks.
7. To keep fair and regular minutes of each session of the
Court, entered in a well- bound book, and such other services
during term time as the Ordinaries may require.
8. To keep in their offices other suitable books for the following
Books to purposes — viz :
he kept m -"^ •••
the office of ^ \io6k for the record of wills.
the Orainary
Another for the record of all letters of administration and
guardianship.
Another for the record of all bonds given by administrators
and guardians.
Another for the record of all appraisements, inventories, and
schedules.
Another for the record of all accounts of sales.
Another for the record of all accounts current authorized to
be made to the Ordinary, together with the vouchers accompany-
ing the same.
Another for the record of all marriage licenses, and the returns
thereon.
Another as a docket in which to enter all applications and
other proceedings, in the order they are made, and which shall be
called in like order at each session.
Another for the record of all official bonds required to be
recorded in the Ordinary's office.
9. To procure and preserve, for public inspection, a complete
PT. 1.— TIT. 5.— CHAP. 6.— Judicial Department. 85
Article 3. — The Ordinaries as Scliool Commissioners.
-4!fc-
file of all newspapers in wliicli their advertisements appear, as the
Clerks of the Superior Court are required.
10. To keep their books and papers arranged, filed, and labeled
and indexed as said Clerks are required.
11. To give transcripts likewise as thej are required, and when
the Ordinary and the Clerk are the same person, so to state in the
certificates.
12. To perform any other duty required of them by law, or
which is indispensable to those required.
ARTICLE III.
THE ORDINARIES AS SCHOOL COMMISSIONERS.
Section.
378. Ordinaries are School Commissioners
379. Shall give additional feond.
Sectiox.
380. Special duties of the Ordinary.
§ 378. The Ordinaries are, by virtue of their offices, School ordinaries
Commissioners, members of the Board of Education, and treas- commis-
sioners, etc.
urers thereof for their respective Counties.
§ 379. Before entering on the duties of their offices, in addition oatha^nd
to the oath and bond already prescribed, they shall take an oath
'' faithfully to discharge all the duties imposed upon them as such,
and to faithfully apply and account for all money coming to their
hands in said capacity," and shall also give bond and surety,
payable to and approved by, the Justices of the Inferior Court,
in double the sum of the whole School Fund arising from all
sources, conditioned for the faithful discharge of their duties and
application of, and accounting for, said fund for the purposes and
in the manner prescribed by law, as treasurer of said Board of
Education, which oath and bond shall be entered, filed, and
recorded as his other oaths and bonds are.
§ 380. It is their duty in said capacities —
1. To enter yearly, as soon as received, in a book to be kept special du-
«^ *' ' ^ •*■ ties of the
for that purpose, the names of all children entitled to the benefit ^tc'^^^'^'^^'
of the School Fund.
2. To attend the sessions of the Board of Education, and once Must at-
in each year to report to them the condition of the funds in their ings of^the
hands, the amounts due teachers, the probable revenues and ucTtion.
necessities for the current year.
86
PT. 1.— TIT. 5.— CHAP. 6.— Judicial Department.
Article 3. — The Ordinaries as School Commissioners.
3. To lay said reports before the first Grand Juries of their
His report respectivo Counties at the first session thereafter, and to each
t;o Grand •"■ . .
J^i'y- successive Grand Jury until action is had thereon, together with
the action of said Board of Education, and specially to inform
said jury of the number of children entitled to the benefit of the
School Fund, and the amount of funds on hand after paying
teachers for the previous years, aside from what may be raised
from County taxation.
4. To keep full and fair accounts of all his receipts and dis-
Mustkeep burscmcnts in a well-bound book kept for that purpose, showing
of receipts the different amounts received, when received and from what
anddis-
bursements. sourcc, to whom and when paid and for what purpose ; which shall
be laid before the Grand Jury for their inspection whenever they
require it.
5. To pay teachers of such children and any other charge on
Must pay such fund, in the manner prescribed by law and said Board of
' ' Education, taking and filing proper vouchers for the same.
6. To keep, by themselves or their clerks (if any), the minutes
Must keep of Said Board of Education in a book to be kept for that purpose,
tlitj minutes ... x i y
of the Board ^hich shall be deposited in their offices for public inspection.
7. To issue, in such capacity, any order or process such Board
<^^«iers of i]Qay require.
CHAPTER VII.
SHERIFFS AND THEIR DEPUTIES,
Sectiox.
381. Sheriffs— how elected.
382. A surety for Tax Collector.
383. Vacancies in the office of Sheriff.
384. His oath of office.
385.. Must give bond.
386. Bond to be examined.
387. His bond— where recorded.
388. Judge of the Court may examine.
389. "When a Sheriff. is succeeded.
390. Sheriff's office — where to be kept.
391. May appoint deputies.
Section.
392. The Sheriff is Jailor.
393. Jailors must take an oath.
391. Bond and oath must be recorded.
395. Jailors bound to receive prisoners.
396. Sheriff liable for acts of deputy.
397. Sheriff's duty in executing orders..
398. His book of entries when filled.
399. Can not purchase at his own sale.
400. When allowed fees.-
401. Defaulting Sheriffs.
§ 381. The Sheriffs are elected, qualified, commissioned, hold'
Sheriffs— their offices for the same term, and are subject to the same disa-
anrquaiified biUtics as the Clcrks of the Superior Courts.
office!"^^"^ ^ § 382. A security for any Tax Collector or other holder of
PT. 1.— TIT. 5.— Judicial Department. 87
Chapter 7. — Sheriffs and their Deputies.
public money is ineligible to tbe office of Sheriff, until all moneys r>isqx;aiifi-
for whicli he is bound shall have been paid to the proper authority.
§ 383. Vacancies are filled and the after proceedings are as in vacancies
case of vacancies in Clerks of the Superior Courts, except that" ^^^
in case there is a failure to appoint, as set forth in Section 24-8,
the Coroner of the County shall act as Sheriff, and if there is no
Coroner the Ordinary shall make a temporary appointment, and
on failure of both, the Sheriff of any adjoining County is author-
ized to act as Sheriff until the Justices of the Inferior Court
shall make their appointment or there is an election.
§384. Before entering on the duties of their office they shall His oath of
take and subscribe, besides the oath of all the civil officers, the
following oath, before the Judge of the Superior Court or Justices
of the Inferior Court — viz : ^'I do swear that I will faithfully exe-
cute all writs, warrants, precepts, and process directed to me as
Sheriff of this County, or which are directed to all Sheriffs of this
State, or to any other Sheriff specially, I can lawfully execute,
and true returns make, and in all things well and truly and
without malice or partiality, perform the duties of the office of
Sheriff of County, during my continuance therein, and take
only my lawful fees. So help me God."
§ 385. They shall also give a bond, with at least two sureties. Must give
in the sum of [ten] (a) thousand dollars (unless changed to a less
or greater amount by local acts now in force or hereafter to be
enacted), conditioned for the faithful performance of their duties
as Sheriffs, by themselves, their deputies, and their jailors, and
upon the terms required by law.
§ 386. Such bonds shall be approved by three Justices of the ms bond-
Inferior Court of the County, and then deposited in the office of to bo exam-
the Clerk of the Superior Court until the first session of that proved.
Court thereafter, when the presiding Judge shall examine said
bonds, and if taken in conformity to the law, and the sureties are
sufficient, so declare by order, and have them spread upon the
minutes of the Court; and if it has not been so taken they shall
give another bond, which said Judge is authorized to take and
have entered on said minutes.
§ 387. "When said bonds are thus approved by the Justices of guch bond
the Inferior Court, and before deposited in said office, they shall ld^!Jfrde-
be recorded in the office of the Clerk of the Inferior Court, and ^''''^^^'
(a) Acts of 1866, p. 17.
88 PT. 1.— TIT. 5.— Judicial Department.
Chapter 7. — Sheriffs and then* Deputies.
after being passed upon by the Judge of the Superior Court, shall
be returned to the office of said Clerk of the Inferior Court and
by him filed; and if the Judge of the Superior Court compels
said Sheriff to give a new bond, after having been approved and
entered on the minutes, it shall be filed in the office of the Clerk
of the Inferior Court and be recorded therein without further
approval.
§ 388. If a term of the Superior Court is held in the County
Judge of sa- before the Justices of the Inferior Court shall have approved the
perior Court ■■• •••
may exam- Sheriflf's boud, the Judffe of the Superior Court may do so in the
ine said 7 n r j
firstinitaice "^^^^ instancc, being careful to take the opinion of such Justices,
cases!'^^^^^ or a part of them, or the Ordinary, as to the solvency and
sufficiency of the sureties, and, having so approved, the other pro-
ceedings are as hereinafter set forth.
§ 389. When a Sheriff's deputy is the succeeding Sheriff, the
sheTi^ff^i? sureties must be essentially different from those on such Sheriff's
succeeded by 'k^-,-,^
his deputy. L>OUU.
§ 390. Sheriffs must keep their offices at the same place and on
fice.^'^ ^^'the same terms as Clerks of the Superior Court are required.
§ 391. They are authorized, in their discretion, to appoint one
poinf a^dep- ^^ Hiorc dcputies, from whom they must take a bond with sureties.
^*^^* § 392. They are, by virtue of their offices, Jailors of the Coun-
May ap- tics, and have the appointment of Jailors, subject to the super-
pom aiors yjg-Qj^ q£ ^jjg Inferior Court, as prescribed in this Code.
§ 393. Before entering on the duties of their office, such Jailors
Jailors must givc to the Sheriff bond and surety for the sum of one
oath and thousand dollars, conditioned for the faithful performance of their
give bond. . . ^ »
duties as Jailors, and shall take and subscribe before some one of
the Justices of the Inferior Court of the County the following
oath — viz : "I do swear that I will well and truly do and perform,
all and singular, the duties of Jailor for the County of , and
his^oat?. ^^ that I will humanely treat prisoners who may be brought to the
jail of which I am keeper, and not suffer them to escape by any
negligence or inattention of mine. So help me God.''
§ 394. Such bond and oath must be filed and recorded as those
Bond and
oath record- of a Sheriff's deputy.
ed and flkd, r j
§ 395. It shall be the duty of the keepers of the several jails
Shall keep withiu this State to receive into their respective jails, and safely
mttodunXr keep therein, all prisoners committed under the authority of the
u. stotel*^ United States, under the like penalties and subject to the same
PT. 1.— TIT. 5.— Judicial Department. 89
Chapter 7. — Sheriifs and their Deputies.
action as in the case of prisoners committed under tlie authority
of this State.
§ 396. Sheriffs are liable for the misconduct of the Jailor as sheriffs
• • 1 1 T •! li'it>le for the
they are liable for their deputies, and persons injured by the Jailor misconduct
have the same option in suing the Jailor's bond that they have in and jaiiors.
suing the deputy's bond.
§ 397. It is the duty of the Sheriff—
1. To execute and return the process and orders of the Courts His duty in
■•■ executing
of Record of this State, and of officers of competent authority, if ^^^ entering
' ^ »' ^ process, or-
not void, with due diligence, when delivered to them for that pur- ^^^^' ^^•
pose, according to the provisions of this Code.
2. To attend upon all sessions, by themselves or deputies, of . i^ attend-
■•■ ' «/ J- -< ing upon tlie
the Superior and Inferior Courts of the County, [and of the courts.
County Court, when required by the Judge thereof,] (a) and of
the Court of Ordinary, whenever required by the Ordinary, and
never to leave said Courts while in session, without the presence
of one or both of said officers if required, and to attend in like in attend-
manner at the place of holding an election at the County site, on ^°^ ^ ^*^ ^^"^
the day of an election, from the opening to the closing of the
polls, and. to take under their charge all under officers present as
a police to preserve order.
3. To publish sales, citations, and other proceedings, as required i;g|\^J}J"^;
by law, and to kee-p a file of all newspapers in which their official t^tions, etc.
advertisements appear, in the manner required of Clerks of the
Superior Courts.
4. To keep an Execution Docket, wherein they must enter a full Keep an
description of all executions delivered to them, the dates of their Docket.
delivery, together with all their acts and doings thereon, and have
the same ready for use in any Court of their County.
5. To keep a book, in which shall be entered a record of all , a record
^ ' of sales.
sales made by process of Court, or by agreement of parties,
under the sanction of Court, describing accurately the property
and process under which sold, the date of the levy and sale, the
purchaser, and price.
6. To receive from the precedino; Sheriff all unexecuted writs shaii re-
" celve and
and process, and to proceed to execute the same ; to carry into complete un-
effect any levy or arrest made by a predecessor ; to put pur- ^^^^^ of pro-
chasers into possession, and to make titles to purchasers at his
sales, when not done by him.
(a) Acts of 1865-6, p. 66.
90 PT. 1. — TLT. 5. — Judicial Depaetment.
Chapter 7.— Sheriffs and their Deputies.
7. To take from preceding Sheriffs custody of the jail and the
ceive^^\^aiit ^odics of such persons as are confined therein, with the precept,
from^prede- Writ, or causc of detention.
cesser. g^ rp^ furnish prisoners with medical aid, fire, and blankets, to
nish prison- be reimbursed, if necessary, from the County treasury, and to
S'^fiTetbian- suffcr a penalty for neglect as prescribed in this Code.
9. To take all prisoners arrested, or in execution under any
Takepris- Criminal or civil process, to the jail of an adjoining County, or to
oridjo^uing the jail .of some other County when more accessible, if the jail
certain cases of the County is in an unsafe condition, under such rules as are
prescribed in this Code.
10. To perform such other duties as are or may be imposed by
law, or which necessarily appertain to their ofiices.
§ 398. All books the Sheriffs are required to keep, after becom-
ffis books insr full must be deposited in the ofiice of the Clerks of the
when filled .
must be de- SuDcrior Courts, to be kept as their other books of record.
posited. ■'■ ■' ■•■
§ 399. No Sheriff or deputy, or other officer discharging a
Can not similar duty, will be permitted to purchase any property whatever
hisownsaie. at his own salc, upon his own bid, nor upon the bid of any other
person for him, directly or indirectly ; and all such sales and deeds
in pursuance thereof, intended to vest in such officer the title to
property so purchased, shall be null and void.
§ 400. Sheriffs are only entitled to such fees or compensation as
When ai- the law prcscribcs, or, upon an omission of the law, to such reason-
anT amount able compcusation as the Court shall award; and where they use
property themselves, or hire it out after being levied upon, they
are not allowed a loer diem allowance for diet, and are liable to
the proper party for the hire received.
§ 401. If any Sheriff or deputy fails to comply with the pro-
Defauiting visions of Soctiou 397, he shall be fined for a contempt, as the
ed for con- Clerk of thc Superior Court is in similar cases. Section 261 also
applies to Sheriffs.
CHAPTER VIII.
STATE'S ATTORISTEYS AKD ATTORNEYS AT LAW.
Article 1. — Attorney G-eneral.
Article 2. — Solicitors G-eneraL
Article 3. — Attorneys at Law.
PT. 1.— TIT. 5.— CHAP. 8.--JUDICIAL DepartxMent.
91
Article 1. — Attorney General.
ARTICLE I.
ATTORNEY GENEEAL,
Section.
402. The Attorney General.
403. Must give bond and surety.
404. His duties enumerated.
Section.
405. May render service out of Circuit.
406. May render service anywhere.
§ 402. The Solicitor General of the Circuit which embraces Attorney
the seat of Government is, by virtue of his office, the Attorney
General of the State.
§ 403. Before entering on the duties of his office he must give Must give
bond and surety, satisfactory to the Governor, in the sum of ten cmity.
thousand dollars, and upon hi^ requisition must give additional
bond -whenever the public interest demands.
§ 404. It is the duty of the Attorney General —
1. To give his opinion in writing, or otherwise, on any question Must give
of law connected with the interests of the State, or with the opinion.
duties of any of the Departments, when required by the Gov-
ernor or either of the State House officers.
Prepare
2. To prepare all contracts and writings in relation to any contracts
^ J- ' o »/ -vviien the
matter in which the State is interested when requested.' ^eiSted ^^'
3. To attend, on the part of the State, to all criminal causes Attend on
in any of the Circuits, when the Solicitor General thereof is tht s^ta\e to
prosecuted, and to all other criminal or civil causes to which the cnminai ca-
State is a party, when ordered by the Governor.
4. To perform such other duties as are or may be required of iiisgener-
mm, or which necessarily appertain to his office.
§405. When the services of such Attorney General shall be Maybere-
needed in either of the Judicial Circuits the presiding Judcre tend out of
his Circuit.
thereof shall notify the Governor twenty days before of the time,
place, and cause, and the Governor may (in his discretion) order
the Attorney General to comply, unless the law in the case pre-
sented makes it his imperative duty to do so.
§406. It is in the discretion of the Comptroller General to Theservi-
require the Attorney General, when the services of a Solicitor ney General
Cieneral are necessary, m collecting or securing any claim oi the quired out
State, in any part of the State, either to command the services of c^it by
' "^ -^ ' Comptroller
said Attorney General in any or all of such cases, or of the General.
Solicitors General in their respective Circuits.
92
PT. l.'-t-TIT. 5.— CHAP. 8.— Judicial Department.
Article 2. — Solicitors General.
ARTICLE II.
SOLICITORS GENERAL.
Section.
407. Solicitor General.
408. His oath.
409. Vacancy — how filled.
410. His qualifications.
411. On the same footing as the Judge.
412. His special duties enumerated.
413. May be ruled as attorneys.
414. Failing to attend Court.
Section.
415. May nol. pros, indictments.
416. Penalty for exacting illegal costs.
417. Who must certify such proceedings.
418. Tampering with Grand Jury.
419. May be appointed by the Court.
420. An attorney so appointed.
421. Charges against Solicitor General.
§ 407. Eacli Superior Court Judicial Circuit must have a
His eiec- Solicitor General, elected by the people thereof respectively, who
term of of- holds his officc four years, unless sooner removed in the manner
fice. . . .
prescribed by the Constitution.
§ 408. Before entering on the duties of their offices, beside the
Hie oath, oaths required of all civil officers, they must, in addition, take the
following — viz :
"I do swear that I will faithfully and impartially, and without
fear, favor, or affection, discharge my duties as Solicitor General,
and will take only my lawful fees of office. So help me God."
And must also give such bond and surety as is required of the
Solicitor who, by virtue of his office, is Attorney General.
§ 409. Vacancies occur and are filled as prescribed in cases of
Vacancy— the Judges of the Superior Courts, and the manner of proceeding
how filled. . . 1 1 r» 11
IS m every respect the same, except that the person elected to fill
the vacancy holds his office only for the unexpired term, and must
be so commissioned.
§ 410. No person is eligible to the office of Solicitor General
His quail- who has Hot been a resident citizen of this State five years just
preceding his election or appointment, [and who does not perma-
nently reside in the Circuit at the time of his election or appoint-
ment,] (a) and who has not attained the age of twenty-one years,
and who has not been duly admitted and licensed to practice law
in the Superior Courts of this State for at least three years.
On the § 4H' -^ person having been appointed or elected a Solicitor
as^jud-e^'as ^^^ ^^J Circuit is on the same footing of a Judge of the Superior
Ms circSit.^ Court, as- set forth in Section 230 (as to retaining his office).
§ 412. Their duties within their respective Circuits are — ■
(a) Acts of 1865-6, p.
PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 93
Article 2. — Solicitors General.
1. To attend each session of the Superior Courts, regular or Must at-
adjourned, unless excused by the Judge thereof, and remain until pTiiorOourts
the business of the State is disposed of.
. 2. To attend on the Grand Juries, advise them in relation to ^ Must at-
^ ^ tend Grand
matters of law, and swear and examine witnesses before them. J»ry.
3. To administer the oaths the laws require to the Grand and jj^g^ ^d-
Petit Jurors, to the Bailiffs, or other officers of Court, and other- ^thl^^^^^
wise to aid the presiding Judge in organizing the Courts as he
may require.
4. To draw up all indictments or presentments, when requested ind^cTmen"?
by the Grand Jury, and to prosecute all indictable offenses. melua^.^^^^*^'
5. To prosecute or defend any civil action in the prosecution or ecute^ordl-
defense of which the State is interested, unless otherwise spe- the^^gtaTels
cially provided for. • interested.
6. To attend before the Supreme Court when any criminal ^ Must at-
. .. tendSu-
cause is tried emanating from their respective Circuits, argue the p^cme Court
same, and perform any other duty therein the interest of the State
may require.
7. To collect all moneys arising from fines and forfeited recog- Must coi-
nizances, all costs on criminal cases when paid into Court before and forfeit-
judgment, and not otherwise ; and at the Fall Term of each Court, tie with the
T ' 1 t /-A n^ ^ County
every year, to settle with the County Treasurer, and pay over to Treasurer.
him all moneys due him according to law, after a fair and full
settlement.
8. To settle at the same time with the preceding Solicitor, and Must set-
pay over to him any moneys collected to which he maybe enti- preceding
tied, and to render to him, whenever required by him, a just
statement of the condition of his interests.
9. To collect all moneys due the State in the hands of any Must coi-
escheators, and pay over to the Educational Fund ; and, if neces- ey due^the
sary, compel them to pay by rule or order of Court, or other hands ^fes-
, , cheators.
legal means.
10. To collect all claims of the State they may be ordered to Must coi-
do by the Comptroller General, and to remit the same within d!?ethest™l
thirty days after collection ; and on the first day in October every ed by the
year to report to him the condition of the claims in their hands General.
in favor of the State, particularly specifying the amounts col-
lected and paid, from what sources received and for what pur-
poses; to whom paid, what claims are unpaid, and why; what
judgments have been obtained, when, and in what Court ; what
94 PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department.
Article 2. — Solicitors General.
. suits are instituted, in what Courts, and their present progress
and future prospects.
11. To perform such other duties as are or may be required by
erai duties, law, or which nocossarily appertain to their office.
§ 413. If a Solicitor General fails to comply with the provisions
May be ml- of the preceding Section, he is liable to rule as attorneys at
neys at law. law are, with all the penalties and remedies ; and on failure to
comply with the terms of a rule absolute, within twenty days
from the time it becomes final, it shall be a ground of im-
peachment.
§ 414. If he fails to attend on the Courts of his Circuit as
attend clurt required, he is liable to be fined for each failure fifty dollars, to
—liable to be 1^^ retained out of his salary.
§ 415. He has authority, on the terms prescribed by law, to
May nolle enter a nolle prosequi on indictments ; and if, in any cases, a So-
ments, etc. Hcitor General accepts, directly or indirectly, in money or other
valuable thing, or exacts more than his lawful costs from the de-
g^^JJf^g^^"^^ fondant or any body else, it is a subject-matter of investigation
legal costs, by the Grand Jury.
§ 416. If the Grand Jury presents the Solicitor for having so
How pro- received more than his lawful costs, he shall be disqualified from
gainst ^ f o'^r further discharging his ofiicial duties until a trial shall be had
legal costs, upou an indictment, and if the trial results in a conviction, he
shall be fined and imprisoned at the discretion of the Court, and
conviction, it is also a grouud of impeachment. The disqualification con-
tinues until the adjournment of the next session of the General
Assembly.
Clerk shall § ^-^'^' ^^ shall bo the duty of the Clerk of said Court to certify
notify the immediately such proceedings to the Governor.
Governor. J r o
§ 418. If they take, or agree to take, from any person, money
Penalty for or any Other valuable thing, the consideration whereof is a prom-
greSSg^"^ to ise or undertaking to procure, or to try to procure, a finding by
or other the Grand Jury of "a bill" or "no bill" upon an indictment,
thing of val- ^
ue to influ- or to make or not to make a presentment, or to prolong or pro-
Grand Jury crastinate a State case or an arrest, or to advise it done, or how
in their de-
liberations, it may be douc, the penalty and proceedings are the same as in
the two preceding Sections.
§ 419. When a Solicitor is absent, or indisposed, or disqualified
The soiic- from interest or relationship to engage in a prosecution, the pre-
bdng ^'^dis- siding Judgc must appoint a competent attorney of the Circuit to
PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department.
95
Article 2. — Solicitors General.
act in his place, or he may command the services of the Solicitor
of any other Circuit accessible, or he may make a requisition on
the Governor for the Attorney General, as the emergency in his
discretion may require.
§ 420. An attorney acting as such Solicitor is subject to all the
laws governing Solicitors General ; he is entitled to the same fees
for what he does, and incurs the same penalties in the discharge
of his duties.
§ 421. When any person makes affidavit before the Court or
Grand Jury, that in his judgment; the Solicitor General is guilty
of an indictable offense, and that he desires to prosecute him, or
the Grand Jury may present him for such an offense, it is the
duty of the Court instanter to appoint some competent attorney
at law to draw a bill of indictment, and when there is a true
bill found, or presentment made, to put the Solicitor under
recognizance or in prison, according to the offense, until the ap-
pearance of the proper prosecuting officer.
qualified, fhe
Court may
supply h i s
place.
An attor-
ney, acting
as Solicitor,
is entitled to
the same
fees, etc.
Proceed-
ings when
Solicitor is
prosecuted.
ARTICLE III.
.ATTORNEYS AT LAW.
Section.
422. Attorneys at law.
423. Rii^hts of persons admitted.
424. Qualifications of applicant.
425. Aliens.
426. Application for admission.
427. Evidence of preparation.
428. Must be examined.
429. The manner of examination.
430. Examination not satisfactory.
431. Order of admission.
432. Form of the oath to be taken.
433. Graduates of Lumpkin Law SchooL
434. Attorneys of other States.
435. Order of the Court necessary.
436. Prohibited in certain cases.
437. Attorneys removing to this State.
438. How admitted in Supreme Court.
439. Failing to render the service.
440. Tra,nsferring fee note.
441. The rule for settling fees.
442. Attorneys may be ruled.
443. May bind their clients — when.
444. Can receive nothing but money.
445. Parties acting by advice of attorneys.
Section.
446. Appearing without authority.
447. Penalty therefor.
448. Required to produce authority.
449. Wlien two are employed.
460. Leading counsel defined.
451. If more than one, preference given,
452. Special duties of attorneys.
453. Causes for striking an attorney, etc,
454. May be reinstated, and how.
455. Proceedings against attorneys.
456. Accusation must be in writing.
457. Proceedings must be under oath.
458. Ptequiring the accuser to appeax".
459. Appearance.
460. Answer.
461. If objections be overruled.
462. Plea of guilty, or refusal to answer.
463. The judgment and efi"ect thereof.
464. Proceedings instituted by the Court.
465. The attendance of witnesses.
466. Costs — how taxed and collected.
467. Death of the informa.nt.
468. Jury may find proceedings malicious.
469. Failing to pay tax — how dealt with.
§422. The following persons, if not specially declared ineligi- persons en-
ble, are entitled to practice law in the Courts of this State : pjacuce law!
96 tT. 1.— TIT. 5.— CHAP. 8.^Judicial Department.
Article 3. — Attorneys at Law
1. Those who have been regularly licensed under the laws of
the State before the adoption of this Code.
2. Those who are hereafter licensed in the manner prescribed
by law.
§ 423. Those who are admitted to practice in the Superior
Eights of Courts may practice in any other Court of this State, except the
persons ad- •' ■■• "^ 7 i
mittedinthe Supreme Court, for which another and special license must be
Superior -t^ ^ ^
Court. obtained.
§ 424. Any white male citizen of good moral character, who
Quaiiflca- has read law and undersioes a satisfactory examination before a
tlons of ap- . ® "^
piicant. Judge of the Superior Court, as hereinafter prescribed, is entitled
to plead and practice law in this State.
§ 425. Aliens who have been two years resident in the State,
Aliens. ^^^ ^^^® declared their intention to become citizens, pursuant
to the act of Congress, are eligible to admission as attorneys at
law.
§ 426. For the purpose of admission, one must apply, by peti-
Appiica- tion in writing, to a Superior Court durins; one of its sessions,
tion for ad- . .
mission— in a Circuit of which he is resident, or has read law therein, and
now made. ' ^
must show —
1. His citizenship.
2. That he is of good moral character.
3. That he has read law.
4. That he has been a resident of, or has read law in the Cir-
cuit, as aforesaid.
§ 427. The evidence of such facts must be by certificate of two
Certificate attorneys of the Court, or of other evidence satisfactory to the
of prepara- r^ l
tion. Court.
§ 428. The applicant must also be examined in open Court,
Authorities touchiug his knowlcdgc
be examined 1. Of the principles of the Common and Statute Law of Eng-
land of force in this State.
2. Of the Law of Pleading and Evidence.
3. The Principles of Equity, and Equity Pleading and Prac-
tice.
4. The revised Code of this State, the Constitution of the
United States and of this State, and the rules of practice in the
Superior Courts.
§ 429. No portion of such examination must take place out of
exSnTtion! op^^^ Court ; and to enable the Judges to have proper examina-
PT. l._TIT. 5.— CHAP. 8.— Judicial Department. 9T
Article 3. — Attorneys at Law.
tions, they are required, if there is not ample time during a term,
to appoint a time, at least twice a year, at some County site in
their respective Circuits, which has a bar of attorneys sufficient
in numbers and qualifications to conduct the examinations, and,
if necessary, to request and require the attendance of such attor-
neys from other places Avithin the Circuit, of which appointment
public notice shall be given thirty days prior to said time in some
public gazette. Application for admission may be made to the
Judge of each Circuit (as otherwise required) at any time.
§430. Such Judges are required to be strict, and to reject any such ap-
1 -. 1 r. n T • n . plicanttobe
applicant who does not undergo a luii and satisiactory examma- rejected.
tion.
§ 431. If, on examination, the applicant is found duly qualified How ad-
in all the branches required, the Court must direct an order to practice.
be entered on the minutes, that, being examined and found to
possess the requisite learning and ability, and having otherwise
complied with all the conditions of the law, that, upon taking the
oath prescribed, that the Clerk issue to him, on the payment of ^^l^^ *^^®
the fees and costs, a license to plead and practice law^ in the Su-
perior Courts of this State.
§ 432. The oath is as follows :
" I, , sw^ear that I will justly and uprightly demean my- Form of
self, according to the laws, as an attorney, counselor, and solic-
itor, and that I will support and defend the Constitution of the
United States and the Constitution of the State of Georgia. So
help me God."
Which oath must be taken in open Court, and entered on the
minutes thereof.
§ 433. None of the preceding requisitions are applicable to any 'Graduates
graduate of the Lumpkin Law School, but upon presentation of Law school
a diploma, and payment of fees, the Court shall cause his name mitted.
to be enrolled among the attorneys.
§ 434. Attorneys at law residing in other States of the Union, Attorneys
having license to practice law in a Circuit Court therein, where, states- how
111 n 1 • n •-. ' 1 admitted in
by law, the attorneys oi this btate are permitted to practice law, this state.
may practice in the Superior Courts of this State —
1. By presenting a petition in writing for such purposes to the
Judge of the Superior Court of any Circuit, either in term time
or vacation.
2. By producing before him a certificate from a Judge of the
7
98 PT. 1.— TIT. 5.— CHAP. 8.— Judicial Depaetment.
Article 3. — Attorneys at Law.
Must pro- Circuit or District Court of the State of which they are citizens,
duce a cer- r» • t /^ •
tificate. under the seal of said Court, stating that the applicant is of good
moral character, and has been legally admitted to practice law
in such Circuit, and that, by the laws of such State, the attor-
neys of this State are allowed to practice law therein.
§435. On reading such petition and certificate, such Judge
Order of shall grant an order that the applicant be admitted to practice
law in this State, and shall order the Clerk of the Superior
Court of the County to enter it on his minutes and file the pro-
ceedings, on the payment of his legal fees ; which, when done, is
a sufficient license.
from Tuch § ^^^- ^^^^^ attomoys at law of any State adjoining this are
not^^irfow ^^* ^^^^ permitted to practice law herein, unless those of this
yeSfo'v^Z'- State are not likewise permitted to practice law in their Courts.
courS/^^" §437. Those attorneys at law of other States, who become
Lawyers rosidcnts of this State and do not come under the provisions of
from other tcn i i* ^ r>t • n
states may the prcccdms: Sections, by producing to the Court satisfactory ev-
be admitted r & 5 J r & ^ J^
to this, etc. idence that they were attorneys at law, in good standing, in a
' Court of similar jurisdiction in the State from which they came,
may be immediately admitted to plead and practice law in this
State, without undergoing the examinations as other resident ap-
plicants.
h^v^admit^ § ^^^' ^^y attorney authorized to practice law in the Superior
tic^e *?n^^The Courts of this State is permitted to practice law in the Supreme
mt"^' Court-
1. By exhibiting to the Court proof of good private and pro-
Proof of fessional character, and otherwise complying with the terms of
character. . . ^
its rules.
2. By taking the oath prescribed.
§439. Attorneys are prohibited from collecting any note or
Attorneys, other coutract in writins: given as a fee in any cause, which cause
when em- . o ° ./ ?
ployed, fail- they havo failed to attend to in person or by some competent at-
ing to ren- "^ ••• ....
der the ser- tomcy, from the time of employment until the rendition of judg-
ment, and the same shall be null and void unless they were, by
contract, released from such duty.
§ 440. The transfer of such notes or obligations subjects them
Transfer- to forfeit and pay to the person from whom the same was taken
ring fee note ■,■•■,■, , « ti« n !•••
or obligation doublc the amouut thereof, recoverable m any Court navinsi; luris-
andfailingto . ^ '^ ,.
render the dictiou of the Same, unlcss such person is saved harmless aeramst
service.
all fees, costs, and other necessary expenses on account thereof.
PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 99
Article 3. — Attorneys at Law.
§ 441. Unless otherwise stipulated, one-half of the fee in any The rule
^ , , "^ for settling
cause is a retainer, and due at any time, unless the attorne}^, with- tees.
out sufficient cause, abandons the case before rendering service to
that value ; but in cases where he has rendered such service, and
can not render the balance of service — from the act of his client,
providential cause, election to office, or removal out of the State —
he is entitled to retain the amount, or a due proportion, if col-
lected, or sue for it and collect it, if not ; where no special con-
tract is made, the attorney may recover for the services actually
rendered.
§ 442. Where attorneys retain in their hands the money of their May be
rulccl for
clients, after it has been demanded, they are liable to rule (and money coi-
' , . . lected.
otherwise) as Sheriffs are, and incur the same penalties and con-
sequences.
§ 443. They have authority to bind their clients in any action Attayneys
or proceeding, by any agreement in relation to the cause, made their clients
in writing, and in signing judgments, entering appeals, and by
an entry of such matters, when permissable, on the dockets of the
Court, but they can not take affidavits required of their clients
unless specially permitted by law.
§444. Without special authority, attorneys can not receive any can notre-
•^ ^ '^ ^ "^ ♦'ceive any
thins; in discharo^e of a client's claim but the full amount in cash, thing but
<-* a money, etc.
§445. Clients shall not be relieved from their liability to dam- Partiesnot
ages and penalties imposed by law on the ground that they acted the^^gro-.nd
under the advice of their counsel, but are entitled to redress from acted nr.aer
,^ (^ ^ '^^ c* ^ 1 ' ' the advice of
them tor unskiiliul advice. counsel.
§446. If it be alleged by a party for whom an attorney appears a party
that he does so without authority the Court may, at any stage of ate an auor-
•^ "^ "^ ° ney atteu:pt-
the proceedings, relieve the party for whom the attorney assumed jng to appear
to appear from the consequences of his acts, if fully satisfied such
allegation is true.
§ 447. Any attorney appearing for a person without being em- Attorneys
ployed, unless by leave of the Court, is guilty of a contempt of without'au?
Court, and must be fined in a sum not less than five hundred dol- °" ^'
lars.
§ 448. The presiding Judge, or Justice, may, on motion of either May be
party, and, on showing reasonable grounds therefor, require any produco au-
attorney who assumes the right to appear in the cause to produce,
or prove the authority under which he appears, and to disclose.
whenever pertinent to any issue, the name of the person who em-
100
PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department.
Article 3. — Attorneys at Law,
When two
or more at-
torneys are
employed on
the same
side.
Leading
eonnsel de-
fined.
If more
than one,
preference is
given to the
one first em-
ployed.
Special du-
ties enumer-
ated.
Special
causes foj.
which an at.
torne}^ vavs^
be removed
For crimes.
Failing to
pay over
money when
ruled.
ployed him, and to grant any order that justice may require on
such investigation ; but, prima facie^ attorneys shall be held au-
thorized to properly represent any cause they may appear in.
§ 449. When two or more attorneys, being employed on the
same side, dispute about the direction to be given to their cause^
and the client is not present, the Judge shall hear all the facts and
give preference to the leading counsel.
§ 450. The leading counsel is he who, at the time of the trial,
or raising of any issue connected with the cause, is, in the judg-
ment of the Court, the counsel upon whom the client relies more
than any other.
§ 451. If there is more than one upon whom the client thus re-
lies, the Court shall, as between them, give him preference who
was first employed.
§ 452. It is the duty of attorneys at law —
1. To maintain the respect due to Courts of Justice and judi-
cial officers.
2. To employ, for the purpose of maintaining' the causes con-
fided to them, such means only as are consistent with truth, and
never to seek to mislead the Judges or juries by any artifice or
false statement of the law.
3. To maintain inviolate the confidence and, at every peril ta
themselves, to preserve the secrets of their clients.
4. To abstain from all offensive personalities, and to advance no
fact prejudicial to the honor or reputation of a party or a witness,
unless required by the justice of the cause with which they are
charged.
5. To encourage neither the commencement nor continuance of
an action or proceeding from any motives of passion or interest.
6. Never to reject, for a consideration personal to themselves^
the cause of the defenseless or oppressed,
§ 453. An attorney must be removed for the following causes
by the Superior Court of the County of his residence :
1. Upon his being convicted of any crime, or misdemeanor in-
volving moral turpitude. In either case the record of his convic-
tion is conclusive evidence.
2. When any judgment, or rule absolute has bee-n rendered
against him for money collected by him, as an attorney, which he
fails to pay within ten days after the time appointed in the order ;
in which case the record of the judgment is conclusive evidence,
■:x
PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 101
Article 3. — Attorneys at Law.
unless obtained without any service under some law authorizing
such a proceeding.
3. Upon it being shov/n to the satisfaction of the Court that he Unprofes-
•■\ (* T Ml f» 1 • 1 • 1 • o sioual con-
has been guilty of any deceit or willful misconduct m his proles- duct.
-sion.
4. For want of a sound mind, or for indecent behavior in or indecen-
out of the Court House, whereby he becomes a nuisance to the mind, etc.
Court, his brother members of the Bar, or the public.
§ 454. When an attorney at law is thus removed, after the lapse Maybere-
of twelve months (unless removed under the first ground of the iiow.
preceding Section), it is in order for him. to be restored upon the
application of two-thirds of the members of the Bar of the County
where lie was removed, and of those who usually practice in the
Superior Court of said County, if approved by the Judge of the
Circuit.
§ 455. The proceeding's to remove an attorney may be taken by Summary
^ c> ^ ./ ./ *' proceedings
the Court of its own motion, or upon the motion of an attorney at against at-
■' *■ •' torneys.
law or other citizen.
§ 456. The accusation must be in vmtinff, signed by the movant, The accu-
or his attorney at law, and when the proceeding is taken by the be^ in writ-
Court, it may be drawn up by the Solicitor or the Clerk, under
the direction of the Court.
§ 457. If the proceedings are upon the information of another, Proceed-
1 . ■, ' n -i T ^ if»i !• i"^^ must be
the accusation must be verified by the oath oi the person making under oatii
, ^ —when.
it, or some other person, and presented to the Court.
§ 458. The Court must then, if of opinion that the accusation order re-
would, if true, be grounds of removal, make an order requiring accused to
the accused to appear and answer the same at a specified day dur-
ing the same, or at the next term, and must cause a copy of the
order and accusation to be served on the accused within a pre-
scribed time before a day appointed in the order.
§ 459. The accused must appear at the time appointed in the Appear-
order, and answer the accusation, unless, for sufiicient cause, the accused.
Court assign another day for that purpose ; if he does not appear, Failing to
the Court may proceed and determine the accusation in his ab- ^^^^^^' ^*^'
sence.
§ 460. The accused may answer, either by objecting to the suf- Answer of
ficiency of the accusation, or by denying its truth — -either of which
must be entered on the minutes.
§461. If the objection to the sufficiency of the accusation be objections
not sustained, the accused must answer it forthwith. ciiser. ^
,/
102 PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department.
Article 3. — Attorneys at Law.
§ 462. If he pleads guiltj, or refuses to answer the accusations^
Plea of the Court must proceed to iuds^ment of removal; if he denies the
guilty, or re- ■■■ .^ o i
swer°*^^^ accusation, the Court must immediately, or at such time as it may
appoint, proceed to try the same — the accused Laving a right to
demand a trial by jury.
§463. A judgment of acquittal is final, but from a judgment
Effect of of removal there may be a motion for a new trial, and a review by
the judg- ^ CA '
ment. the Supreme Court, as in other cases.
§ 464. The proceedings, when instituted by the Court of its own
Proceed- motiou, are conducted in the name of the State — the Solicitor ap-
ings, when . . , •••
instituted, peariug to sustain the accusation — and when on the information of
another, in the name of the State on the information of such per-
son.
§ 465. Either party has a right to subpoenas and other process
Either par- to compcl the attendance of witnesses, and testimony may be taken
ty may com- ...... . i • i .
pel the at- by dcposition m such cases and m the same manner as m actions
tendance of "^
witnesses, at law, and the Court may, in its discretion, require the inform-
^j^^ . ant to give security for costs ; and failing so to do within the time
in™tT^5ve" prescribed, the proceedings must be dismissed at the cost of the
security, etc. informant.
§ 466. When the proceedings are in the name of the State, the
Costs— costs are paid as in criminal cases ; when in the name of the State
how taxed if» .r» ^ • c ^' •• • i
and collect- on the information of another, if the accusation is not sustained,
ed. . . . ' , . , '
judgment is rendered against the informant and his security for
the costs, if the same has been given ; hut if the accusation is
sustained against the accused, judgment for costs must be rendered
against him.
§ 467. Upon the death of the informant, if there be but one^
TTpon the the procecdiugs abate, unless some other person is substituted in
informant, his placc, which may be done on application to the Court ; if there
is more than one informant the proceedings continue on the infor-
mation of the survivor.
§ 468. It is in the province of the jury who try such proceed-
The jury iugs, if thov find lu favor of the accused, also to find they were
whotrysuch *= .' . .;; i r> t i • i
case may malicious. if thev SO believe 1 and upon such findma; the ri2;hts oi>
iiudthepro- ^ J > L » to
ceedingsma- the accuscd agaiust the informant are the same as in cases of ma-
licious. _ ^
licious prosecutien on the criminal side of the Court. -
§ 469. [And whenever it shall be made to appear to any Judge
Attorneys ^^ ^^^ Supcrior Courts that any attorney at law practicing in said
faii^ingtopay Qq^^^ ]^j^g failed, or fails, to pay his professional tax levied ac-
cording to the laws of this State, and execution has been issued
PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department./ 103
Article 3. — Attorneys at Law.
Proceed-
ings against.
for the same by the Tax Collector and returned by the j^roper of-
ficer, no property to be found, it shall be the dutv of the Judge
presiding in the Superior Court of the County -in which the said
attorney resides to cause the Clerk of said Court to issue a rule
requiring said attorney to show cause, by the next term of said
Court, why he should not be struck from the list of attorneys and
his license to practice declared of no effect, for his failure to pay
his said professional tax — which rule shall be served by the Sheriff
upon said attorney twenty days before the next term of said Court ;
and if, at said term of said Court, said attorney fails to show suf-
ficient cause, said Judge shall pass an order striking said attorney
from the list of attorneys, and declare his license to practice in the
Courts of Law and Equity in this State null, and of no effect.] (a)
Shall be
stricken
from the roll
CHAPTER IX.
JUSTICES OF THE PEACE, JUSTICES' COURTS, AND CONSTABLES.
Article 1,— Justices of the Peace and their Courts.
Article 2. — Constables,
ARTICLE L
justices of the peace and their courts.
Section.
470. Two Justices in each district.
471. How removed from otfico.
472. Vacancies — how filled.
473. Election — how and by whom held.
474. Inferior Covirt may order an election.
475. Qualifications of a Justice.
476. Inferior Court may appoint — when.
477. The oath of a Justice.
478. Oath — before whom to be taken.
479. Criminal jurisdiction of the Justice.
480. Civil jurisdiction of the Justice.
481. Debts may be divided.
482. Territorial and criminal jurisdiction.
483. Justice may be sued in his owndist.
Section.
484. If the Justice be disqualified.
485. When there is no Justice.
486. Suits may be transferred.
487. When transferred.
488. Transferred suits.
489. Co-obligors, joint contractors, etc.
490. Residents in districts not organized.
491. Special powers and duties of Justices.
492. Justices' Courts.
493. Changed once in four years.
494. Justices newly elected.
495. Times and places now established.
496. Judgments rendered.
§ 470. There shall be two Justices of the Peace in each militia
district of the several Counties of this State, elected by the peo- p
Two Jus-
tices of the
e a c e in
(a) Acts of 1861, p. 16.
104 PT. 1.— TIT. 5.~CHAP. 9.— Judicial Department.
V
V Article 1. — Justices of the Peace and their Courts.
each district, pie c^f eacli district, in the manner hereinafter prescribed, who
hold their -©ffices for four years, unless sooner removed.
§ 471. They a.:- removed from office in the manner prescribed
How re- bj the Constitution, and also on conviction for malpractice in of-
moved from n i - ' n
office. hce, or oi any lelonious or miamous crime.
§ 472. Vacancies are filled in the following manner : If there is
Vacancies a Justicc of the Peaco in the district where the vacancy occurs,
—how filled. , , ,, . ri T • 1 ^ - 1 ' ■ n I
he shall appoint some featurday m a month, which is a time fixed
for holding the Justice's Court of the district, and advertise the
same at three of the most public places therein at least fifteen
days before the day appointed.
§ 473. On said day said Justice, with two freeholders, must hold
Election Said elcctioii in the same manner that a regular election for Jus-
tice of the Peace is held, and duly- certify the same to the Gov-
commfssioa^ omor, who must commissiou the person elected for the unexpired
ed by the .
Governor. term.
§ 474. If there is no Justice of the Peace in the district where
If no Jus- the vacancy occurs the Justices of the Inferior Court of the County
tice of the *^ . . . '^
Peace in the must Order an election in the same manner, through their Clerk,
district, etc. , . .
which may be held by three freeholders of the district, who must
hold and certify said election in the same manner.
§ 475. All persons are eligible to the office of Justice of the
Quahfica- Pcaco who are entitled, in the County in which the district is
tions of a . "^
Justice of situated, to vote for members of the General Assembly, who
the Peace. ' ...
have been three months in the district next preceding the elec-
tion, and who do not labor under any disqualification. [Being a
clerk shall be no disqualification.] (a)
§ 476. When any district is without a Justice of the Peace, and
On failure an olectiou has been legally ordered to supply the vacancy, and
Justice of none is bona fide held at the time and place appointed, it is the
the Inferior ^ , . i rr ?
Court may duty of the Justicos of the Inferior Court to appoint two persons,
resident in the district, such Justices to have it certified to the
Governor, who must commission the appointees for the required
term.
§ 477. Justices of the Peace, before entering on the duties of
of 'a^jusSce ^^^^^ office, bosides the oath required for all civil officers, must
of the Peace. ^^^ ^^^^ following Oath I
*' I do swear that I will administer justice without respect to
(a) Acts of 1862-3, p. 42.
PT. 1.— TIT. 5.~CHAP. 9.— Judicial Department. 105
Article 1, — Justices of the Peace and their Courts.
persons, and do equal rights to the poor and to the rich, and that
I will faithfully discharge all the duties incumbent on me as a
Justice of the Peace for the County of , agreeably to the
Constitution and laws of this State, and according to the best of
my ability and understanding. So help me God."
§ 478. Such oaths shall be taken and subscribed before the such oath
r»-!/^ • • 1 — before
Justices of the Inferior Court of the County m session, but may whom taken.
be taken before any one of such Justices, and so the dedimus
potestatem for such purpose should state.
§479. They have criminal jurisdiction in the followins: in- Their crim-
'i ^ c inal jurisdic-
stances : tion.
1. In acting as conservators of and preserving the public peace
in their respective districts and Counties.
2. In issuing warrants for the apprehension of any person
charged on oath with a violation of any portion of the Penal
Code, or who are so known to them officially.
3. In examining such persons when brought before them, and
to commit, bind over, or discharge, according to the directions
of this Code.
4. In such other cases as jurisdiction may be constitutionally
given.
§ 480. They have a general and original civil jurisdiction — civiijuris-
1. Of all suits or attachments on any liquidated demand, or
an account not exceeding S^/^d:^ars, exclusive of~interest,.tpr
where the debt has been larger, and the balance due is not more
than said amount, or on the trial is reduced to said amount by
bona fide payments, or other lawful set-off.
2. Of contests for the mere possession of personal property.
3. Of forcible entries and detainers, or either, with the aid of a
jury of twelve men, as prescribed by this Code. ^i \ .:^^^ ^
4. Of all other causes when jurisdiction is constitutionally ^ ^
given them in their capacity as Courts or Justices. v \ ^ ' *
§481. Debts which in the aggregate amount to more than Debtsmay
Justice's Court jurisdiction may be divided into liquidated de- etc. ^^^^^^^'
mands, so as to bring them each within such jurisdiction.
§482. Their criminal jurisdiction extends over persons of, or Their crim-
crimes committed in, their respective Counties, and their civil ju- ti'oi*'extend3
risdiction over persons residents of their respective districts and county, etc!
itinerant persons, and to persons of other districts, in certain par-
ticular cases provided for in this Code.
#
106 PT. 1.— TIT. 5.— CHAP. 9.— Judicial Department.
Article 1. — Justices of the Peace and their Courts.
May be § 483. Ohg JustlcG of the PeacG may sue or be sued before the
sued in his ,. .
own district, other In his own district.
§ 484. When a Justice of the Peace is disqualified from presi-
whenthe ding, aiid there is no other Justice of the Peace in his district
disqualified, -^ho is Qualified, any Justice of the Peace of the County is quali-
who may ■■• ^ »/ ^ ^ ^ i
act. fied to issue all process and to preside in his district ; and if a
Justice of the Peace is sued under such circumstances, the suit
may be located in any adjoining district.
§ 485. Where there is no Justice of the Peace in any district
to^b^ebrmfght whcro a defendant resides, or there is one and he refuses to serve
S^^no *jus^ generally, or in any particular case, the suit may be located in
tice, or he re- -■ . . . t , • •
fuses toserve any adjommg district.
§ 486. If suits are already commenced and are suspended for
Suits may the waiit of a Justice of the Peace to preside, such suits shall be
^ be transfer- ... . ■
red in cer- removcd to the adioining districts, unless the evil is removed
tarn cases. .^ o ?
within sixty days.
§ 487. If, from any cause, all such suits can not be located or
Maybe prosecuted in some adjoining district, they may be commenced
totheCoun- or rcmovcd to the Justice's district which embraces the County
ty site. •/
site.
The Jus- § 488. The Justices of the Peace and Constables of any dis-
constabres trict whcro a suit is thus begun or removed have the same power
v\ ftlJ ^'^^ as those officers have in the proper districts.
"^ *^^ y^ 489. Suits vs. makers and ind'tjffeers, and against co-obligors
co-obiig- /Or joint-makers, may be located in the district where the princi-
ors, join^ iii n ^ it •• i i i
contractors, pal debtor or one oi the co-obiigors or loint-makers can be sued,
and m^ers ,,, .,. ,.-, •,. . f.
anTendors- and the othcr parties, who may reside m a dmerent district from
.er s — h w , ^ ...
sued. such in the same County, may be joined in the suit on the same
terms such persons residing in different Counties may be sued in
/pl^T^/% --the Superior Courts, but by the process used in Justice's Courts ;
/lAA^ ^ ^4/ ^^^ ^^ s^^^ cases the Constable of the district where the suit is
S jJi^fi "^ jf ^ located may serve such process in any part of the County.
§490. Persons resident in any portion of a County whose resi-
Personsre- dcncc, from any cause, is not embraced in any organized Justice's
portiSn of a district, are subjected to suit in the district whose court-ground is
nearest their residence where there is an acting Justice of the
Peace.
Special §491. Justices of the Peace have authority, and it is their
powers and /l,ifA7
duties of the *^^V
umerSedr" !• To sclect somc Central and convenient place in their respect-
PT. 1.— TIT. 5.— CHAP. 9.— Judicial Department. lOT
Article 1. — Justices of the Peace and tlieir Courts.
ive districts at which to hold their Courts, and some stated day in
each month as the time, of which they shall give ample public
notice, and also to keep their offices within said districts ; but in
towns or cities which embrace more than one district, they may
hold their Courts and keep their offices at some central and con-
venient place within the limits of said towns or cities.
2. To fine not more than five dollars, nor imprison more than
five hours, any person guilty of a contempt of Court, and to pay
the fine to the County Treasurer for County purposes.
3. To issue attachments returnable to their own and, in certain
cases, to the Superior and County Courts of the County.
4. To issue all process necessary to maintain their jurisdic-
tions and enforce their authority under the sanction of law.
5. To administer oaths and take affidavits, except the power is
expressly restricted to some other officer, and to take the ac-
knowledgment or probate of any conveyances required to be
recorded.
6. To keep a docket of all causes brought before them, in
which must be entered the names of the parties, the returns of
the officer, and the entry of the judgment, specifying its amount
and the day of its rendition.
7. To carefully file away and label all papers appertaining to
any cause, and all fi, fas. and other process returned, after being
satisfied, entered ''nulla bona,'' or have otherwise discharged
their functions.
8. To attend the Superior and Inferior Courts of their Counties,
whenever required, with such docket or papers of file.
9. To establish, when lost, in the manner prescribed by law,
any paper appertaining to any suit or otlier proceeding in their
respective Courts.
10. To answer interrogatories from Courts of other Counties,
as to the contents or condition of any of the dockets, files, or
papers of their office, and to attach thereto copies of such, when
such interrogatories are propounded and such copies required.
11. To perform such other duties as are or may be required
by law, or which necessarily appertain to their office.
§ 492. If any Justice's Court is held at an inaccessible or incon- justice's
venient portion of any district, or such a place is hereafter piac"?^^
selected, the qualified voters of such district may petition such howchan^-
Justice to change the place to some other place, naming it, and
108
PT. l.—TIT. 5.— CHAP. 9.— Judicial Department.
Article 1. — Justices of the Peace and their Courts.
if he refuses to cliange, they may apply to the Justices of the
Inferior Court ; and if such Justices are satisfied that the place
where such Court is held works an inconvenience to a majority of
the citizens of such district, they shall change the place, to take
effect after the expiration of thirty days, have it entered on their
minutes, and published in the district.
§ 493. Vv^hen a place for holding such Court is once fixed it
can not be changed except in the manner stated, and then but
once during the four years' official term; nor can the time be
changed by the Justices but once.
§494. When new Justices of the Peace are qualified, and
they desire to change the place or time of holding such Courts,
they may do so by giving public notice of the fact, stating the
place and the time to which changed, or either, and the first
Court to be thus held, which change shall not go into effect short
of sixty days from the time of advertising.
§ 495. The times and places now established for holding Justices'
Courts are not disturbed by the enactment of this Code, and the
militia districts now established by law remain the same, but they
may be altered and new districts formed by Justices of the
Inferior Court of each County as hereinafter prescribed.
§ 496. All judgments of such Justices rendered in any civil
cause anywhere else than at the place and time for holding their
Courts lawfully appointed, are void.
The place
and time of
holding Jus-
tices' Courts,
etc.
New Jus-
tices may
change the
time and
placeofhold-
i n g their
Courts.
Time and
place«>fhold-
ing Justices'
Courts not
disturbed by
the adoption
of this Code.
Judgments
—when void.
ARTICLE II.
CONSTABLES.
Section.
497. Two Constables in each district.
498. How removed from office.
499. Vacancy — how filled.
500. Justices failing to agree.
501. If there is but one Justice.
502. Justice failing or refusing to appoint.
503. Qualifications of Constable.
504. Disqualifications.
505. His oath of office.
Section.
506. In cases of emergency.
507. Must give bond and surety.
508. Clerk must certify.
509. Additional surety — when.
510. May be ruled and attached.
511. May be ruled in Superior Court.
512. His special duties enumerated.
513. Penalty for acting after retiring.
Two Con
stables for
5497. There shall be two Constables in each militia district of
lach ^strict th® several Counties of this State, elected by the people of each
the^^^peop^ie district as hereinafter prescribed, who hold their offices for two
years unless sooner removed.
for two
years,
PT. 1.— TIT. 5.— CHAP. 9.— Judicial Department. 109
Article 2. — Constables.
§498. Thej are subject to be removed from office on the same How re-
grounds and on the same proceedings as Clerks of the Superior office.
Court are, and on conviction for malpractice in office as Justices
of the Peace are.
§ 499. Vacancies are filled by appointment of the Justices of vacancies
^ ... — ^ow filled.
the Peace of the district in the following contingencies :
1. When, from any cause, there is a failure to elect, qualify. Failure to
and give bond at the regular time.
2. When there is a death, resignation, or removal of Constable. . i'eath,res-
' o 7 ignation, or
3. When from sickness, or other providential cause, the district ^'^^'^^i^^-
is without a Constable, there may be an appointment, if an sent %lm
emergency arises, to continue until the regular Constable enters cause.
on the discharge of his duties.
4. When the Constables of the district are absent temporarily Tempora-
■•■ "^ ry absence
from the district the like power may be exercised. fro«»>tne dis-
§ 500. If there are two Justices of the Peace, and they can not Justices
- failing to a-
agree upon an appointment, the one who has served lonsrer as g'-ee on ap-
1 • IT- \- ^ T 1 -.1 • pointmentof
such continuously and immediately preceding, shall appoint; if constables.
there are two Constables to appoint, each Justice shall appoint
one.
§ 501. If there is only one Justice of the Peace, he may make .when there
•^ -^ »' IS but one
the appointment, but it shall be in the discretion of the Justices, Justice he
-'■•'■•' ' may appoint
whether one or two, to appoint the second Constable or not, if
there is one in office, or one or two if there is none in office.
§ 502. If the Justice of the Peace of any district fail or refuse in case
Justice of
to have as much as one Constable in their district, for as Ions: as tii« Peace
. ^ ff^il to ap-
thirty days from the time such a vacancy occurs, the Justices of p^^^t' etc.
the Inferior Court of the County shall fill the appointment.
§ 503. The eligibility for Constables is the same as that for Quaiisca-
Justices of the Peace, but any person may be appointed Consta- constable.
ble to fill vacancies or to answer some emergency, who are at the
time residents of the district.
§ 504. Constables can not be Sheriffs or Sheriffs' deputies, nor DisquaM-
can they be either Clerks of the Superior or Inferior Courts, nor
can such officers be Constables.
§ 505. Each Constable, before enterins; on the duties of his oath of a
fY, 1 TTMT'iT Constable.
onice, must take and subscribe, beside the oath for all civil officers,
before the Clerk of the Inferior Court of his Countv, the follow-
ing oath: ''I swear that I will duly and faithfully perform all the
duties required of me as Constable of the County of ,
110 PT. 1.— TIT. 5.— CHAP. 9.— Judicial Department.
Article 2. — Constables.
according to the best of my ability and understanding. So help
me God."
§ 506. Constables appointed to answer some sudden emergency,
Constables as in Scction 499, may take and subscribe said oath before the
an emergen- Justiccs of the Pcacc appointing them, who shall file the same in
qualified, thc officc of the Clcrk of the Inferior Court.
§ 50T. All Constables, except those thus appointed, must, before
Constables entering on the discharge of their duties, give a bond payable to
bond W the Justices of the Inferior Court of the County and their suc-
cessors, with two good sureties resident in the County, in the
sum of five hundred dollars, to be approved by such Justices,
„ , which shall be by the Clerk of said Court filed in his office and
Bond— '^
when filed, recorded in a book kept for that purpose.
§ 508. When such oath is taken and filed and such bond given.
Clerk In- guch Clcrk shall issue to such Constable a certificate of such facts
fenor Court
must certify ^nd make an entry thereof on his minutes, which certificate shall
to filing affi- t/ 7
bond ^"^ answer as his commission.
§ 509. Constables may be compelled to give additional bonds
May be upou couiplaiut made on oath before any one of the Justices of
give addi- the Inferior Court, if after the hearing such Justices so order it
tional surety , ,
done, and upon failure to do so shall be removed by such Justices.
§ 510. They are liable to rule, attachment, and penalties in
May be their rcspectivc districts, but in default of any Justice of the
how, ' in a Pcaco in sucli district, or if there are such who refuse to serve,
Court. they may be ruled before any Justice's Court of an adjoining
district or the Superior Court.
§ 511. It is optional with parties to rule Constables before the
May be SuDcrior Court of their respective Counties, in term time, on the
ruled in Su- •»• l j /
perior Court, same tcrms that Justices of the Peace are ruled.
§ 512. It is their duty —
1. To attend regularly all terms of the Justice's Court in their
respective districts.
2. To attend all terms of the Superior or Inferior Courts of their
Special du- respcctivc Countics, when summoned by the Sherifi" for that purpose.
ties enumer- ■•• . it-iiii
ated. 3. To give receipts for notes or other liquidated demands
placed in their hands for collection.
4. To pay over money promptly as collected to the party enti-
tled thereto, and in case of conflicting claims to any money, to
report the same to the next Justice's Court of the district where
they are amenable, for its order in the premises.
PT. 1. — TIT. 5.— Judicial Depahtment. Ill
Chapter 10. — Corporate Courts.
5. To execute and return all warrants, summons, executions,
and other process to them directed by lawful authority.
6. To perform such other duties as are or may be required of
them by law, or which necessarily appertain to their offices.
§ 513. If any Constable exercises the duties of his office after Any per-
•^ ^ ^ son acting
removal from the district where he was elected or appointed, he is as constable
i i ' after he is
subject to a fine of fifty dollars for every such act, to be recovered g^^vgct^^to
before any Justice of the County in which he resides by any one ^'^®-
suing for the same — one-half to the use of such person, the other
half to the use of the County.
CHAPTER X.
CORPORATE COURTS.
1^ JSection 514. Corporate and Police Courts— how affected by the Code.
§ 514. The organization of the various Corporate and Police corporate
" o r and Police
Courts of this State, and the laws relative thereto, are undis- affectedT^T
turbed by the adoption of this Code, unless additional, concur- *^^^ ^^^®-
rent, or exclusive jurisdiction, or cumulative remedies, are con-
ferred by it upon them, or other Courts, or other magistracy,
and then they are altered only to that extent.
TITLE V
COUNTY ORGANIZATION.
Chapter 1. — Militia Districts.
Chapter ^.—Incorporation of Counties, County Contracts, etc.
Chapter 3. — County Revenue.
Chapter ^.^County Officers not before specified.
Chapter 5. — Roads, Bridges, Ferries, Turnpikes, etow^''^'^^'^^
Cravteu 6.— The County Poor. ,. :. ^^'^-^^Vl-
>-...
^^<V%
112
PT. 1. — TIT. 6. — County Organization.
Chapter 1. — Militia Districts.
CHAPTER I.
MILITIA DISTRICTS
Section.
515. Counties divided into militia districts
516. Districts to remain the same.
517. Must contain a captain's company.
518. How laid out or changed.
519. Survey and compensation therefor.
bECTIOX.
520. Proceedings to be recorded.
521. To be transmitted to the Governor.
522. Elections to be ordered by Clerk.
523. Officers not removed by making.
524. Not to affect pending suits.
§ 515. Each County of this State is divided into militia dis-
divided"hito *^'^^^^ accoi'ding to their respective territory and population liable
Siits.^ ^^'- to bear arms.
Districts § 516. Such districts as at present organized are to remain the
etc. ' same until changed in the manner hereinafter prescribed.
§ 517. Each district hereafter organized or chano;ed must con-
Must con- taijj within its limits at least as many persons, resident at the time
tarn a cap- v' tr ^
panv ^^^' ^^ ^^® organization, liable to militia duty as are necessary to
form a captain's company according to the militia laws, and in
its formation must not leave any older district with a less
number.
§ 518. Whenever it may be necessary and expedient to lay out
How laid a ucw militia district, or to chanofe the lines of old ones, the
u t, r ^ , ° .
changed. Justiccs of the Inferior Court may, at any time, appoint three
commissioners, citizens of the district or districts from which it is
proposed to make the new district, or change the lines thereof,
whose duty it shall be to lay out and define such lines, and report
the same to the Clerk of such Inferior Court.
§ 519. Such commissioners have authority to engage the ser-
survey and vices of a Competent surveyor to assist them in their duties, who
compensa- -■■ *' '
tion therefor shall be paid for his services, out of the County Treasury, the
same compensation County Surveyors have for similar services
rendered a citizen.
§ 520. If the Inferior Court approves their report, they shall
Proceed havc all proccedincrs in the matter entered on their minutes, after
ings record- ...
^^' which the district laid out, or line changed or defined, shall be
known and regarded accordingly.
§ 521, It is the duty of such Clerk, if a new district is laid
inc-s^Tr^be ^^^' *^ transmit instanter to the Governor such proceedings from
te'd^ "to^'the ^^-^^^^ minutes, duly certified, and to publish them for thirty days
?nd^ Ydve'r- ^* *^® ^^°^ ^^ "^^^ Court Housc and in the public gazette where
dfys. ^'^"^^ ^^^J ^^ \h^\Y official advertising.
PT. 1.— TIT. 6.— County ORaANizATiON. 113
Chapter 2. — Incorporation of Counties, County Contracts, Property, and Claims.
§522. As soon as such is done, such Clerk must immediately cierkmust
order an e-
order an election for the requisite number of Justices of the Section for
^ Justices, etc.
Peace and Constables (for such district), after advertising the
same for thirty days in three of the most public places of the
new district.
§ 523. If, in layino; out a new district, or in changing the lines Making or
^ ^' ./o y &0 changing
of old districts, the residences of Justices of the Peace or Con- ^,i str^icts
•' ^ snail not re-
stables elected are included in the new district, or cut off from ^^^"^^ ^^-
' cers.
the district for which they were elected, they have authority to
discharge their duties for the district for which they were elected
until their terms of office expire and their successors in such
district are qualified, unless elected to the same office in the new
district to which they are eligible.
§ 524. Suits pending in any Justice's Court must not be r»oes not
changed because the residence of a defendant is included in the pending.
new district or cut off into another district, but they must pro-
ceed as though no such change had been made.
CHAPTER II.
INCORPORATION OF COUNTIES, COUNTY CONTRACTS, PROP-
ERTY, AND CLAIMS.
Section.
525. Each County is a body corporate.
526. Suits against a County.
527. Contracts with the Inferior Courts.
528. Grants, deeds, etc.
529. Property of the County.
530. County buildings — by whom erected.
631. Preservation of buildings, etc.
532. Occupancy of rooms in Court House.
533. Court Houses, Jails, etc.
Section.
534. Injuries to public buildings, etc.
535. Dimensions and construction of Jails
536. Tax — by whom levied.
537. On failure to levy such tax.
53S. Public buildings, etc., to be inspected
539. Duty of the Judge.
540. Claims against the County.
541. Must be presented in twelve months.
542. Judgments against the County.
§ 525. Every County which has been or may be established in EachCoun-
this State, is a body corporate, with power to sue or be sued in corpoiitS*^^
any Court. [And all inhabitants of Counties in this State, who are
competent jurors in other cases, are declared and shall be holden
to be competent jurors in any case, in any Court, where such
Counties are parties to the suit or interested therein in their capa-
city as corporations or qiian corporations.] (a)
§ 526. Suits against a County must be against the Inferior suits m.
Court, and personally served on the Clerk of such Court, who howYi-onght
(a) Acts of 18G3-4, pp. 72-3.
o
114 PT. 1. — TIT. 6. — County Organization.
Chapter 2. — Incorporation of Counties, County Contracts, Property, and Claims.
must make an entry thereof on his minutes, and suits by the County
must be in the name of the Inferior Court.
§ 527. All contracts entered into by the Justices of the Infe-
Contracts yioy Court, with Other persons in behalf of the County, must be in
with the In- _ ^ ' ^ ^ '' ^
ferior Court -^i-itinsj and cntcred on their minutes.
must be m o
writing. g 528. All dccds, conveyances, grants, or other instruments,
Deeds which havo been or may be made to any officer or person for the
made for the iir»pi/-N ♦ ^ n\ i-i
benefitofthe usc and Deneiit 01 the County, vests m such County the title as
fully as if made to such County by nanae.
§ 529. The Justices of the Inferior Court have the control of
The Jus- all property belonging to the County, and may by order, to be
tices of the ,.. ,. it ir> i
Inferior entered on their minutes, direct the disposal oi any real property,
troitheprop- which Can lawfully be disposed of, and appoint a commission to
County. make titles thereto, and the conveyance of such commission in
accordance with such order, vests the grantee or vendee with the
title of the County.
§ 530. The County buildings are to be erected and kept in order
County and repair at the expense of the County, under the direction of
buildings -^ , ^ ^ ''
—by whom guch Justiccs, who are authorized to make all necessary contracts
erected, etc. ' ''
for that purpose.
§ 531. It is the duty of the Justices of the Inferior Court to
Duty of erect or repair, when necessary, their respective Court Houses,
the Justices . .
of the infe- and Jails and all other necessary County buildin2;s, to furnish
nor Court m ./ t/ o 7
'^ubiicbuiid'- ^^^ ^\-^ all the furniturc necessary for the different rooms, offices,
co?ds^^^ ^■®" or cells, and to procure a fire-proof safe or safes, sufficient to hold
at least all the minute books and books containing records of
judgments, books of officers' bonds, all recognizances, the bonds
of administrators and guardians, the record of wills and of ap-
praisements and sales, unless the Court House has a fire-proof
vault ; such books and papers, and all others that can, must be placed
in such safes or vaults at night, or when the officers are absent.
§ 532. Such Justices shall designate the rooms in the Court
Eooms in Housc to bc occupicd by each of the County officers, and enter the
th e Court . . . .
House. same on their minutes, which they may change from time to time
as convenience may require.
§ 533. The Court Houses, as well as Jails, the public grounds
Court and other County property, are placed in the keeping of the Sher-
Jails, etc., in iffs of the respectivc Counties, subject to the order of such Jus-
the keeping . i»'i«i i r» ••
of the Sher ticcs, and it IS their duty to preserve them from injury or waste
and to prevent intrusions upon them.
PT. 1.— TIT. 6.— County Organization. 115
Chapter 2. — Incorporation of Counties, Count}'- Contracts, Property, and Claims.
§ 534. If any person designedly destroy, injure, or deface any injuries to
of the public buildinsi-s, the appurtenances thereto, or the furni- i^?^^ etc.—
ture inside, or shall use either for any indecent purpose, such ^d.
person shall be guilty of a misdemeanor, and on conviction be
fined or imprisoned, or both, at the discretion of the Court,
besides being liable for the damages.
§ 535. The County Jails hereafter constructed must be of suffi- Dimen-
cient size and strength to contain and keep securely the prisoners construction
of i 11 1 s
and debtors which may be confined therein, and must contain at
least three apartments, properly ventilated, so as to secure the
health of those confined therein — one for debtors, one for criminals,
and one for females.
§ 536. The Justices of the Inferior Courts of the several Coun- The jus-
. tices of the
ties have the power to levy an extra tax sunicient to carry into inferior
■^ "^ , ^ "^ Courts may-
effect Sections 530 and 531, without a recommendation by the^evyatax.
Grand Jury, whenever the necessities arise.
§ 537. If such Justices fail to comply with the requirement of on failure
said Sections, or to levy the tax, or levy an exorbitant tax, or levy extra tax a
one when unnecessary, their conduct may be reviewed by the «s may issue
Judge of the Superior Court, by mandamus or injunction, as the
nature of the case may require, at the instance of any tax payer
of the County.
§ 538. It is the duty of the Grand Juries to inspect all the pub- Grand Ju-
lie buildings and other property of the County and the County sp?ct puwic
1 1, , ' .T • ^ 1 ' T l)ullding?,re-
records, ana to report m tneir general presentments their condi- cords, etc.
tion, and if they report that such Justices have failed to comply
with the law touching the same, it is the duty of the Solicitor
General of the Circuit to commence proceedings against them,
that they may be compelled so to do, if they do not in good faith
comply by the next term of the Superior Court.
§ 539. The Judges of the Superior Court shall, when necessary. Duty of the
call the attention of the Grand Jury to the duties required of such s u^pVrVo?
Justices in this chapter.
§ 540. Such Justices must audit all claims against their respect- ah claims
ive Counties and every claim, or such part thereof as may be county to be
allowed, must be registered, and the Clerk of said Justices must
give the claimant an order on the Treasurer for the amount.
§ 541. All claims against Counties must be presented within Must be
twelve months after they accrue or become payable, or the same with intone
are barred, unless held by minors or other persons laboring under ^^^^'
116
PT. l.~-TIT. 6.—CHAP. 3.— County Oeganization.
Article 1. — ^From Taxation.
disabilities, who are allowed twelve months after the removal of
such disability.
§ 542. The private property of the citizens of a County shall not
Judgments be bound by any judgment obtained ag-ainst the County, but such
against tlie , ^ ,/ ^ <s> g j 7
c^y^u^tj- judgment, if binding, shall be satisfied from money raised by law-
how
fied
fui taxation.
CHAPTER III
COUNTY REVENUE.
Article 1. — From Taxation.
Article 2. — From Other Sources.
ARTICLE I.
FROM TAXATION
Section.
543. Tax for County ptrrposes.
544. Duty of Justices Inferior Court.
545. Failure of Grand Jury to recommend
546. When there are several Grand Juries.
547. Creditors of the County.
548. Objects of a County tax.
549. When debts exceed amount raised.
550. The order i^ust specify the object.
551. Must be advertised for thirty days.
552. Specific taxes.
Skction.
553. How entered, collected and paid out,
554. Collector's fees and liabilities.
555. Mode of allowing commissions.
55G, Payment of County tax, etc.
557. Persons holding County tax.
558. Failing to pay, execution may issue,
559. Illegality — when — how tried.
560. Persons borrowing County funds.
561. Fi.fa. or ca. sa. may issue.
562. The Inferior Court may remit.
§ 543. The Justices of the Inferior Court have power to raise
Tax for a tax for County purposes, over and above the tax they are here-
poses— how inbefore empowered to levy, and not to exceed fifty per cent.
upon the amount of the State tax for the year it is levied, provided
Two-thirds two -thirds of the Grand Jury at the first or Spring Term of their
of Grand Ju- • /^ , • it, "
ry must re- rcspective Uountics rccommend such tax.
§ 544. It is the duty of such Justices to see that by the time of
Duty of the organization of such Grand Jury they shall have prepared
«l lis C ICC' S ill"
ferior Court. \yj their County Treasurer, under their supervision, a statement
^ of the financial condition of the County, and the amount of tax
County .
Treasurer, required to dischargc the County liabilities for that year, which
condition^^of ^hall bc by the Treasurer presented to the Foreman of the Grand
etc. ^^""^■■^' Jury on the first day of Court for inspection by that body.
§ 545. If from any cause such Grand Jury is not impanneled,
PT. 1.— TIT. 6.— CHAP. 3.— County Organization. 117
Article 1. — From Taxation.
or they adiourn without takino^ any action tliereon, or they refuse if tte
-> ^ o ./ . Grand Jury
to make such recommendation sufficient to discharge any iuda;ment fan to rec-
that may have been obtained against the County, or any debt for ^^^'•
the paymetit whereof there is a mandamus, or the necessary
current expenses of the year, such Justices may levy the neces-
sary tax without such recommendation.
§ 546. When there are several Grand Juries impanneled durinsc ^^ ^^^^^
^ -^ ^ be several
such term the recommendation of either panel shall be sufficient <^rand ja-
■■• ^ ries, etc.
authority, but if there are counter presentments on the subject it
shall be as though there had been an entire failure to report
thereon.
§547. The right of a creditor of a County to compel such tax ^ c^^e^li^rs
"^ o ./ i of the Coun-
levied, or of a tax payer to resist it, is the same as set forth in *^ ^^^ ^^
Section 537, touching tax for building.
§ 548. County taxes shall be assessed for the following pur- , objects of
•' a i. levying a
poses : County tax.
1. To pay the legal indebtedness of the County due, or to
become due during the year, or past due.
2. To build or repair Court Houses or jails, bridges or ferries,
or other public improvements, according to the contract.
3. To pay Sheriiis, Jailors, or other officers' fees that they may
be legally entitled to, out of the County.
4. To pay Coroners ail fees that may be due them by the
County for holding inquests.
5. To pay the expenses of the County for Bailiffs at Courts,
non-resident witnesses in criminal cases, fuel, servant hire, sta-
tionery, and the like.
6. To pay jurors, when by the local law they are allowed 2. per
diem compensation.
7. To pay expenses incurred in supporting the poor of the
County, and as otherwise prescribed by this Code.
8. To pay charges for educational purposes, to be levied only
in strict compliance with the law^
9. To pay any other lawful charge against the County.
§ 549. When debts have accumulated against the County so that whendebts
one hundred per cent, on the State tax, or the amount specially amount raia^
allowed by local law, can not pay the current expenses of the tioD,^tc.*^*
County and the debt in one year, they shall be paid off as rapidly
as possible, at least tvfenty-five per cent, every year.
§ 550. As soon as the County tax is assessed for the year, it
118 PT. 1.— TIT. 6.— CHAP. 3.— County Organization.
Article 1. — From Taxation.
The order shall be done by order of such Justices and entered on their
must specify ^ *^
tiie object, minutes, which must specify the per cent, levied for each specific
per cent, le- ' i. ./ j, r
eite'red*^ on V^^^V^^^- ^hc asscssmont applies to every species of value or
the minutes, specifics which is taxed by the State, [including the value of shares
in any railroad that is in running condition, or banking com-
pany owned by any person either in their own right or in the
right of another; and such owner shall return the number and
value of such shares with his other taxable property; but such
shares shall not be so taxed if it interferes with the previous vested
rights of the railroad or bank under its charter.] (a)
§ 551. The Clerk of the Inferior Court must advertise imme-
The order diatoly a copy of such order for thirty days at the door of the
tised thirty Court Housc and in a public gazette, if one is published within
days by the . . . . .
Clerk. the limits of their respective Counties, and furnish the Tax Col-
lector with another copy, and if he fails so to do, shall be fined by
such Justices not less than fifty dollars.
§ 552. Taxes raised for educational purposes, or the support of
Taxes for the poor, OT any other specific purpose, must be used for such
purpose. purpose respectively, and none other.
§ 553. All taxes so levied for County purposes must be assessed
How enter- upou the Tax Rccciver's books for each year, and collected by
ed collected ./-'./
and paid out.' the Tax Collcctor, who shall pay the same to the County Treas-
urer, except educational tax, which shall be paid to the Ordinary.
§ 554. The Tax Collectors shall be allowed the same commis-
Coiiector's sious and fees for such collections as they are allowed by law for
Muty.^ la- ^j^^ collection of the State tax, and are liable to the same fines
and forfeitures for any default or improper conduct.
§ 555. [The Inferior Courts in allowing Collectors their com-
Mode of niissions for collecting the taxes levied by their respective Coun-
commis^sionl ^^^^ ^^^ authorized and required to aggregate the taxes for the
various purposes levied, and to allow commissions on the whole
amount, in accordance with the schedule from which the Comp-
troller General is authorized to allow commissions to Collectors
for collecting the State tax.] (b)
§ 556. Any other remedy or right allowed by law for the
Payment onforccment of the collection and payment of the State taxes,
forced. ^^' either by the Comptroller General or Tax Collector, may be used
for the County taxes by the Justices of the Inferior Courts.
(a) A.cts of 1862-S, p. 60. (b) Acts of 1861, p. 8L
PT. 1.— TIT. 6.— CHAP. 3.— County Organization.
119
Article 1. — From Taxation.
^557. Such Justices shall also have authority to compel all Persons
. .. *^ . ^ holding
persons, their heirs, executors, or administrators, who have or county tax
r 7 ' ^ compelled to
may have in their hands any County money, collected for any p^J^^^^^ *^®
County purpose whatever, to pay over the same.
§ 558. On failure to pay the same, such Justices shall cause on failure
their Clerk to issue executions asrainst such persons and their potion may
° ^ ^ issue.
securities, if any, for the full amount appearing to be due, as the
Comptroller General issues executions against defaulting Tax
Collectors.
§ 559. If such execution shall issue for too much, or if defend- niegaiity
^ ' — on -what
ant denies on oath owing any part thereof, he may, by filing an grounds.
affidavit of illegality, according to the rules governing other ille-
galities, cause an issue to be formed thereon, which shall be ^,
^ , , . When and
tried by a special jury at the first term of the Superior Court ^o'^ tried.
thereafter.
§ 560. The provisions of the foresroinp; four Sections are appli- ah per-
■"■ . . sonsborrow-
cable to all persons and their sureties who may borrow, or pre- ["? money
••• t/ ^ 1 belonging to
tendedly borrow, any County money from any person having cus- gy^-e^t^^^?
tody thereof, and shall be, in all respects, held as holders of ^^|j^^^p^^;
County funds. t^'*"^-
§ 561. Where the Justices of the Inferior Court are authorized J^»- /«• or
ca. 9a. may
to issue ji. fas., they are also authorized to issue ca. sas. on the issue.
same terms as other plaintiffs.
§ 562. In all cases where persons have been overtaxed, or for The Jus-
tlces of the
any other cause taxes are claimed to be remitted, refunded, or in inferior
•^ . . ' ' Court may
any manner claimed against, the Inferior Court shall be author- remit the
*' . . County tax.
ized to hear and determine such application to the extent of the
interest of the County therein.
ARTICLE 11.
FROM OTHER SOURCES THAN TAXATION
Section.
563. Sources of the County revenue.
564. Retail licenses — shows, etc.
565. Licenses issued for one year.
566. Retailing spirits without license.
567. Exhibiting shows, etc.
568. Peddling without license.
569. Disabled soldiers may peddle.
570. Tax payer may demand a license.
Section.
571. Violations of preceding Sections.
572. Duty of Clerk in relation to shows.
573. Special defense — how made.
574. Damages against defendants.
575. Not to interfere with Penal Code.
576. Money raised — how appropriated.
577. The Clerk failing to pay over money.
120 PT. 1.— TIT. 6.— CHAP. 3.— County Organization.
Article 2. — From Other Sources than Taxation.
§ 563. All sums which are paid into the County Treasury for
Coun^Tev-*^® following accouuts make a part of the County revenue — viz:
timabyta?- ^' ^^^ ^^^® authorized sale of any County property, unless
ation. otherwise directed.
2. For the rent or hire of any County property.
3. For shows or exhibitions.
4. For licenses to sell spirituous liquors in any quantity.
5. From estrays.
6. From licenses to peddle.
7. From any other sources.
§ 564. The County charges for such licenses are as follows :
Eetaii li- To retail spiritiious liquors $25 00
CGHSGS cxlii-
bitions, aad To sell spirituous liquors, not by retail, in quantities less than
^^'''^'- one gallon 5 00
To peddle within the County, unless otherwise provided by the
Inferior Court under the law 50 00
To exhibit shows with horses 10 00
To exhibit animals, beasts, and the like 10 00
To exhibit pictures or figures 5 00
To exhibit any other show, not less than $5.00, nor more than
$25.00, as the Justices of the Inferior Court may order.
To exhibit theatricals or musical entertainments, for profits to
the proprietor, not more than $5.00 on each exhibition,
and subject to contract Vv'ith the Court.
§ 565. All such licenses, except exhibitions, are for the term of
Licenses, One year, extending!; to the County limits ; but license to retail or
excei)t for " . . . .
exhibitions, sell spirituous liouors will only authorize, either by the person
issue for ^ -•■ ^ ^ ^ ^ '^ ^ ./ r
one year, in whoso name it issues or his clerk, to sell at some one fixed
place in the County, which must be specified in the license.
§ 566. If any person retails or sells spirituous liquors without
Retailing first obtaininsT such license, or, having obtained it, sells at any
without li- ° .
cense. other Or more places than the one fixed in the license, or trans-
'fers it and allows it used by any other person than himself or an
authorized clerk, he forfeits to the County, for each violation,
twenty-five dollars.
§ 567. If any person exhibits any show without first obtaining
Exhibiting such liccnse, or exhibits a show diiferent from that for which he
shows, etc.,
without li- obtained license, he forfeits to the County three times the cost of
eense. , _ "^
license for each exhibition.
§ 568. If any person, except a disabled soldier of this State,
Peddling poddlos without first obtaining such license in Counties where the
cense. ' Justices of the Inferior Court take no action regulating peddling,
PT. 1.— TIT. 6.— CHAP. 3.— County Organization. 121
Article 2. — From Other Sources than Taxation.
he forfeits to the County one hundred dollars for the first act of
peddling, and for each month thereafter, twenty-five dollars more.
§ 569. [It shall be lawful for any disabled soldier of this State Maimed
to peddle in any County or Counties thereof without paying for pedd?e wTth^
license for the privilege of so doing ; and a certificate from the ^^
Justices of the Inferior Court of any County, stating the fact
of his being such disabled soldier, shall be sufficient evidence
thereof: j)7'ovided tha^t this Section shall not authorize peddling
ardent spirits, and provided also that the privilege hereby granted
shall not be transferred to or used by any other person.] (a)
§ 570. Any tax payer of a County may call upon any person Any tax
•^ '^ , ." . . payer may
in pursuit of any occupation for which a license must be obtained demand a ii-
-•• . . cense.
to exhibit his license, and if he fails so to do, it shall be sufficient
grounds, on making affidavit of the fact, to cause such forfeiture ;
and if, on investigo,tion, it appears that he has such license, he
forfeits the sum of ten dollars and costs.
§ 571. If any Justice of the Inferior Court, or Clerk thereof, violation
of their own knowledge, knows of the violation of the foregoing preceding
three Sections, or if any person will make affidavit of such fact, bowpumsh-
it is the duty of the several Clerks of the Inferior Courts of this
State, unless they know to the contrary, to issue a process di- .
vviciK. LOIS*
rected to all and singular the Sheriffs and Constables of this sue process.
State for the amount of such forfeit, commanding them to levy j^ ^^^^
on sufficient of the property, real or personal, of the defendant ®^^"
to satisfy the same and costs, and to levy and sell the same as in
case of attachments ; and in default of finding goods enough for
such purpose, to arrest such defendant and him safely keep as in Defendant
cases 01 perso-ns under ca. sa. ouch process must be returned to rested.
the Court from whence it issues.
§ 572. If any show is on exhibition in any County without the Duty of
... J J the Clerk of
license required, it is the duty of the Clerk of the Inferior Court th« inferior
^ '' ^ Court in re-
instanter to place such process in the hands of such officer ; and ^^^'^^ ^^
if, on presentation, the license fee required and all costs are in-
stanter paid, it shall discharge the same, but not otherwise ; but
if such course is not taken, it is no waiver of such forfeiture.
§573. Persons against whom such process may issue may ar- Persons
rest the same by swearino; that they have not violated the law on ^^li'^st may
•^ , . defend.
account of which process has issued, and by otherwise complying
(a) Acts of 1866, p. 46.
122 PT. 1.— TIT. 6.— CHAP. 3.— County Organization.
Article 2. — ^From Other Sources than Taxation.
with the provisions of the Section against persons holding County
funds, and which shall be returned and tried in the same manner.
§ 574. If, on the trial of such issue, the jury who tries shall
a^^aSsr^de- ^^^^^^^ ^^^* ^^^^ affidavit was filed for delay only, or is without
fendants. g^y cxcuso to sustaiu it, they shall so state in their verdict, and
if they so find, the defendant shall pay twenty-five per cent.
additional.
§ 575. The penalties and forfeitures hereinbefore set forth are
terSrwUh ^^* *^ interfere with any provision of the Penal Code, that is or
(?ode. ^^""^^ ^^y ^® enacted, making such acts penal.
§ 576. The moneys arising from such licenses are to be paid to
pr^^riatedr *^® County Treasurer to be used for County purposes, but one-
half of moneys arising from forfeitures go to the informers.
§ 577. When any Clerk of the Inferior Court shall neglect to
Proceed- pay over to the County Treasurer, if he is not County Treasurer,
mgs against -i- •/ ^ »/ ' «/ '
for failing to or shall retain in his hands any money collected on account of the
pay over «/ «/
money. Couuty, or belonging thereto, the Justices of the Inferior Court
may compel him to do so by rule at any time, and if he then fails
so to do they may issue fi. fa. against him and his securities as
against defaulting Tax Collectors, and the proceedings then and
afterwards shall in every respect be the same.
CHAPTER IV.
COUNTY OFFICERS NOT HEREIN BEFORE SPECIFIED.
Article 1. — County Treasurer,
Article 2. — County Surveyor,
Article 3. — County Coroner,
PT. 1.— TIT. 6.— CHAP. 4.— County Organization.
128
Article 1. — County Treasurers.
ARTICLE I.
COUNTY TREASUREES.
Section.
578. Election and term of office.
579. Failure to elect at a regular time.
580. When such election should be held.
581. Must give bond and take an oath.
582. Term of office.
583. Vacancies— how filled.
581. Qualifications.
585. Clerk being appointed Treasurer.
586. Oath of the County Treasurer.
587. Amount of his bond.
588. Appointment to fill vacancies.
589. County funds, by whom received, etc.
590. His office— where kept.
591. Treasurer's duty, etc. t
592. Books to be furnished.
Section.
593. Books, etc., — where deposited.
594. Debts of County — what order paid.
595. County orders — when payable.
596. Persons holding orders.
597. Orders not paid for want of funds.
598. County orders negotiable.
599. Treasurer shall not purchase.
600. Buying at a discount, etc.
601. Clerk failing to render a statement.
602. Duty of the Treasurer, etc.
603. Both offices held by same person.
601. Treasurer failing to pay over.
605. Must turn over books, etc.
606. Final settlement on retiring.
County
Treasurer —
§ 578. County Treasurers are biennially, on the second Monday
in January, appointed by the Justices of the Inferior Court of |JJJJ[ ^^^^^^^^^
each County, except when there is a regular election for such ^®^®-
Justices, when it must be done as soon after their qualification as
possible.
§579. If there are not as many as three of such Justices in Justices of
" "Z tuo Inferior
commission, who meet at the time designated for such appoint- ^'^^[J/nd^""
ment, it may be adjourned from time to time until there are at
least three present.
§ 580. Such appointment should take place as Ions; as possible when the
^ ^J- ^ or appointment
before the first session of the Superior Courts in each County for ^^^^^^ ^®
the year.
§581. No appointment is effectual until bond and security is ^^^^J^ *jj^
given and the oath of ojffice taken. give bond.
§ 582. When once appointed or elected, and qualified, they hold May bere-
^ ^ 7 i 7 »/ moved from
their offices [for two years and] (a) until their successors are quali- ^J^J^' ^^^
fied, unless sooner removed, and they may be removed in the same
manner that Clerks of the Superior Courts may be, to be judged
of by the Justices of the Inferior Court, unless elected by the
people, and in that case by the Superior Court.
§ 583. Vacancies are filled by the appointment of such Justices, vacancies
whether the Treasurers are originally elected by the people, or
appointed by them.
(a) Acts of 1863-4, p. 18.
124 PT. l.—TIT. 6.— CHAP. 4.— County Organization.
Article 1. — County Treasurers.
§584. ISTo other conditions of eligibility are required save those
His quaii- that apply to all other officers, but no other officer can be County
Treasurer except a Clerk of the Inferior Court.
585. When a Clerk of the Inferior Court is thus elected or ap-
The Clerk pointed, he shall take the oath and siive the bond required of a
of the Infe- J^ ^ ^ c ^
nor Court Countv Trcasurcr, but the securities on his Treasurer's bond
being ap ^ '
po i nted g^all be different from those on his Clerk's bond, unless they are
SthindAve clearly able to satisfy both. His oath of office must be entered
^°^^' on the minutes of the Inferior Court and filed in the office of the
and bond Ordinary, and his official bond must- be filed and recorded in said
must be re-
corded, office.
§ 586. County Treasurers before entering on the duties of their
The form offico, bcsidcs the oath required of all civil officers, must take the
of the oath, . .
following oath — viz : " I, , do swear f will faithfully collect,
disburse and account for all moneys or other effects of the County,
and otherwise faithfully discharge all the duties required of me
by law, as County Treasurer. So help me God."
§ 587. They shall also, within ten days from their election or
Amount of appointment, give a bond payable to the Justices of the Inferior
IS bond, QQ^x:t of the County, with securities to be by them approved, in a
^ sum which, in their judgments, will be double the amount of the
County tax for the ensuing year, receipts from other sources, and
cash on hand.
§ 588. The bonds of appointees to fill vacancies shall be like-
Appointees wise in their discretion, taking into consideration the amount that
to fill vacan- i • i i i f> i t i t
cies must may come to their hands and lor aouble such amount.
give bond.
§ 589. All County funds are to be paid to and disbursed by the
^o-u^nty County Treasurer, except such as may be specially excepted by
SivS and ^^^' ^^*^ i^Qii to be Collected and disbursed as specially directed.
paid out. g 590^ jjq must keep his office at the County site, or at some
oifice— place within one mile of the Court House.
where kept, o r cx-t -r • ^ • i
§ oyl. it IS their duty —
-p^^ ^^ 1. To diligently collect from all officers and others all County dues.
S-easureMa '^' ^^ cxamiue the minutes and execution dockets of the differ-
coiiectmg. ^^^ Courts of the Counties, to demand and receive all moneys ap-
pearing to be due thereon, and to institute proceedings against
defaulters.
3. To pay without delay, when in funds, all orders, according
the County to their dates (or other debts due), and when not in funds as here-
Treasurer in ^
paying out. inaftcr prescribed.
PT. 1.— TIT. 6.~-CHAP. 4.— County Organization. 125
Article 1. — County Treasurers.
4. To take a receipt on each order when paid and carefully file Must take
■•■ i. ./ receipts
it away.
5. To keep a well-bound book in which shall be entered all re-
ceipts, stating when received, who from, and on what account, and
all amounts paid out, stating when paid, to whom, and on what
account.
6. To keep a well-bound book in which shall be entered a full shaii keep
description of all County orders, or other forms of indebtedness, the indebt-
as they are presented ; to record a copy of the orders of the Infe- the county.
rior Court levying County taxes.
7. To exhibit to the first Grand Jury at the first session of the shaii ex-
Superior Court of each year, a full statement of the condition of same to the
the County Treasury up to that time, and on the second Monday
in January, annually, to file with the Clerk of the Inferior Court
A S t 1 1 G-
a full statement of his account, accompanied by his vouchers for ment of the
... . County
the preceding year, together with his estimate of the indebtedness f"n<is to be
^ ° "^ ' ° , . , tiled with
of the County for the ensuing year, and the means of providing cierk of the
therefor, and to place his books before either of said bodies for c^^"'<^-
examination when called upon.
8. To appear before either of said bodies to render an account
of his actings and doings as County Treasurer, and to exhibit his
books and vouchers whenever notified.
9. To publish at the door of the Court House, and in a public Annual
gazette, if there is one published in the County, a copy of his be advertis-
annual statement to the Justices of the Inferior Court.
§ 592. All books and stationery the County Treasurer may re- Books, etc.,
, . -^ -^ "^ to be fur-
quire must be furnished at the expense of the County. tl^^^r ^^
§593. When the books of such Treasurer are full, they, to- Books,
gether with the vouchers or other files relating thereto, or con- Itc."-^ when
nected with the office, must be deposited in the office of the Clerk ^^^^®'** •
of the Inferior Court and afterwards be part of their records.
§594. When there are funds enough to pay all outstanding The order
orders and other forms of indebtedness due, which the Treasurer debts of the
T'T ^ 1 . T ...... -, County shall
may be authorized to pay, tliey may be paid indiscriminately be paid,
without regard to their dates ; when there is enough to pay all
dated anterior to some particular dates, all such may be likewise
paid indiscriminately ; when there is not enough to pay all of
equal degree, they shall be paid ratably ; under all other cir-
cumstances, they shall be paid in tfie order of their dates.
§ 595. No order shall be paid until after five days from its date
126 PT. 1,— TIT. 6.— CHAP, 4.~County Okganization.
Article 1. — County Treasurers.
Cou&tyor- and delivery, unless otherwise specially ordered, that the Clerk of
paid. the Inferior Court may furnish in the meantime the County Treas-
urer with a full statement of all orders issued, which shall be by'
him immediately registered, and when so registered shall be paid
according to law without further notice to the Treasurer previous
to the time of payment.
§ 596. If any person holding County orders shall fail to pre-
Persons sent them by the first day of December of each year to the County
holding / "^ '^ •^
County or- Trcasurcr for payment, they shall be postponed to all orders
to present ^hich wcrc SO presented and not paid for want of funds.
§ 597. On the first day in December of each year such Treas-
ordersurer shall make an entry of all orders entitled to payment which
not paid for *' '■ '^
want of -^erenot so presented for payment, and what orders not of equal
dignity have been paid instead, in whole or in part, and what
others are entitled to payment before such non-presented orders.
Persons holding such orders, who present them without receiving
their pay before said day, may have the Treasurer annually to
mark thereon ''Presented,''' the day of presentation, and not paid
for want of funds.
§ 598. All County orders are negotiable by delivery or endorse-
Connty or- ment, and the endorser liable according to the terms of his en-
dersnegotia- . i i r>
bie. dorsement, as m commercial paper, but no such transfer can take
place so as to prevent a Treasurer from setting ofi* any sum that
the payee may be due the County at the date of the order.
§ 599. Such Treasurer ig forbid to buy up any County orders
Treasurer or claims for Icss than their full par value, either by himself or
purchase or- agcuts, dircctly or indirectly, or by paying for them in property
count. at an estimated value above its true value.
§ 600. If any County Treasurer shall thus buy up any County
Penalty order or claim, or refuse to pay an order when he has funds to
for buring ^ '^
orders at a pay the samo, or illegally postpone one, he shall be removed from
refusing to office on complaiut and proof being made to the Justices of the
Inferior Court, and is moreover-' guilty of a misdemeanor, and,
upon conviction, shall be fined not less than one hundred nor
more than five hundred dollars.
§ 601. If any Clerk of the Inferior Court shall fail to render
The Clerk iH at the time required, to the County Treasurer, a full statement
rend^er a of the County ordcrs as they are passed (except from providen-
statement to., • i t i 'ini'm n i*
the Treasur- tial causc or Unavoidable accident), he is guilty oi a contempt oi
Court, and shall be fined not less than one hundred dollars for
PT. 1.— TIT. 6.— CHAP. 4.— County Organization. 127
Article 1. — County Treasurers.
each failure ; and in case such Justices fail so to fine such Clerk, shaii be
fined not less
thej are also guilty of a misdemeanor, and, on conviction, shall than $100.
be likewise fined.
§602. If the Clerk is unable to render such schedule, or fails Duty of
^ the Treasur-
so to do by the end of five days, it is the duty of the County ^'^j.^^^^j ^J^^'
Treasurer to examine the proper books, minutes, or files of such *^^^ j.**^
Clerk, and take therefrom such schedule, and on failure so to do, ^^™®-
except from providential cause, he incurs the same penalty that
the Clerk does.
§ 603. When the Treasurer and the Clerk of the Inferior Court when the
offices of
are the same person, separate books must be kept, the same sepa- Treasurer
^ ' ^ .-•■'. -^ and Clerk is
rate duties must be performed, so far as possible ; and if a Clerk held by the
■•• ' ^ ^ same per-
who is Treasurer is removed as Clerk, it works his removal as ^oa.
Treasurer.
§604. When the County Treasurer at anytime fails to pay county
any order which is entitled to payment, or other legal demand faiiiDg to
upon him, or to pay any balance that may be in his hands to his money, exe-
^ ' X ./ ./ ^ J ^ cutiou uiay
successor, or to the person entitled to receive it, the Justices of ^ssue.
the several Inferior Courts may issue execution against him and
his sureties for the amount due, as against a defaulting Tax Col-
lector.
§'605. In case of the resignation, expiration of the term, or county
Treasurer
removal from office, such Treasurer, or if he is dead, his personal must turn'
^ ■^ ^ over to his
representative, must state his accounts, and deliver all the money, successor
DOO-KSa 6XC*
books, papers, and property of the County to his successor, as
other officers do, who must report the same immediately to the
Justices of the Inferior Court.
§ 606. When such County Treasurer or his representative has rinai set-
made a fair and full statement of all his accounts and liabilities a retiring
as such, an exoneration of himself and sureties, together with the
details of such settlement, must be entered on the minutes of the
Inferior Court, and be final, except for fraud.
»
Note. — In many Counties the Treasurer is elected by the people. See local
acts as to each County, none of which are included in this Code, or repealed by
its adoption, unless expressly mentioned.
128
PT. 1.— TIT. 6.— CHAP. 4.— County Organization.
Article 2. — County Surveyors,
ARTICLE II.
COUNTY SURVEYORS,
Section.
607. How elected and removed from office.
608. Failing to elect at the regular term.
609. Appointed by the Court.
610. His oath and bond.
611. May be removed from office.
612. One for each County.
613. Assistant must take an oath.
614. May keep his office at his residence.
Section.
615. General duty of County Survej'or.
616. Fees for surveys — how paid.
617. Survey made between Counties.
618. Charges for survej's — how contested.
619. Surveys and plats — when evidence.
620. When there is no County Surveyor.
621. Others acting as County Surveyors.
622. Making false survey — how punished.
§ 607. Count J Surveyors are elected, commissioned, qualified,
County and removed as Clerks of the Superior Courts are, and hold their
Surveyor — ™ n ^
how elected, omces lor two Ycars.
etc. "^
§ 608. In case there is a failure to elect a person who is com-
on failure missioucd and qualified at the regular time, or a vacancy occurs,
reguiar^ime. the Justiccs of the Inferior Court must appoint such Surveyors,
which appointment takes efi'ect as prescribed in the case of County
Treasurers.
§ 609. If a County Surveyor derives his authority from aj^point-
if ap- ment, he needs no commission beyond the order of such Justices
the Court, entered on their miautes, of which appointment the Governor of
eommission. the State must be informed by their Clerk without delay.
§ 610. Before entering on the duties of his office, besides the
His oath, oath required of all civil officers, he must take the following :
" I, , swear that I will, to the best of my skill and
knowledge, discharge the duties of Surveyor of County,
and that I will not admeasure, survey, or lay out any land in
my capacity as such, or knowingly permit or cause it to be done,
without a warrant first obtained for that purpose. So help me
God."
He shall also, at the same time, give bond and security in the
sum of one thousand dollars.
§ 611. Whether appointed or elected, besides the causes of re-
May bo moval which apply to all officers, he may be removed by the Jus-
th^Tustice'^ tices of the Inferior Court for want of capacity, on the same pro-
rior Court, cccding before them, and hj them to be decided, that officers are
removed in the Superior Courts.
Must be § 612. There must be one for each County, and he is empow-
one for eacn i. •, •,, ii*i*i
County. ered to appoint one or more assistants or deputies, tor whose con-
an^aSistont ^^^t he IS responsible.
PT. 1.— TIT. 6.— CHAP. 4.— County Organization. 129
Article 2. — County Surveyors.
§ 613. When such an assistant is appointed he must take the Must take
'^ ^ ■•■ ^ an oath.
same oath the Surveyor takes, and the fact of the appointment
must, at the same time, be entered on the minutes of the Inferior
Court.
§ 614. The County Surveyor may keep his office at his place of j^.^^^^^^^^^p^
abode, if within the limits of the County. ws residence
§ 615. It is his duty — -
1. To punctually observe and carry into effect all such orders ^^ Sll^comf
as he may receive from the Surveyor General or other officer ^y surveyor.
who may lawfully command him.
2. To admeasure and lay off dower, to partition lands, to make
re-surveys, to give plats of all surveys, and to administer all oaths
required by law in such cases.
3. To survey County lines and district lines, or other surveys, Mnstsur-
•^ -^ ^ '' ■' vey County
in which his County may be interested, whenever required by the j^^^g^^^^"^^
Justices of the Inferior Court.
4. To execute all surveys required by the rule of any Court of
competent jurisdiction.
5. To keep a well-bound book in which shall be entered plats Must keep
of all surveys made by him, with a minute of the names of the
chain-bearers, when executed, by whose order and to whom plat
delivered, if any ; which book shall belong to his office and be
turned over to his successor, and when full shall be deposited in
the office of the Clerk of the Inferior Court.
§616. When surveys are made for private or corporate benefit. Fees for
If* 1 • 1 T 1 • surveys —
the lees are to be paici by the person, or persons, or corporation tow paid,
who orders the survey; when by order of the Justices of the
Inferior Court, out of the County funds ; and when by rule of
Court, unless otherwise agreed upon, they are to be taxed in the
bill of costs, and shall have the effect of a judgment lien upon the
land surveyed, if not paid by the party bound for costs.
§ 617. When a surve}^ is made by agreement, or in compliance survey be-
with the law, between two or more Counties, the County Surveyor tie?^
who performs the survey is to be paid by his County, which must
collect from the other Counties their proportion.
§ 618. If after a County Surveyor has made a survey for any payment
person, who neglects to pay him, such Surveyor upon making or's fe'eY—
oath before the Clerk of the Inferior Court of his County of the ed.
performance of such service and its value, such Clerk shall issue
di>fi.fa. in the name of the Justices of the Inferior Court, for the
9
130
PT, 1.— TIT. 6.— CHAP. 4.--C0UNTY Organization.
Article 2. — County Surveyors.
use of such Surveyor, against such defaulter, who may defend
himself therefor, in the same manner as persons against whom
executions issue who detain County funds.
§ 619. Surveys or plats of land made by the County Surveyor,
Surveys or under ordcr of Court, and on notice to all the parties of lands
plats of land i-/^ • tit- rY»-n i
—when evi- withm his Couuty, Signed by him officially, and stating the con-
tents, courses, distances, of any land surveyed by him, are pre-
sumptive evidence of the facts, if all the requisites of the law
touching such surveys and the reports thereof are complied with.
§ 620. When there is no County Surveyor, any competent per-
When there SOU, a citizen of the County, may perform his duties, when spe-
ty Surveyor ciallv required, if first sworn to do the same skillfully, faithfully,
who may act. . . . »' '
and impartially, to the best of his knowledge; or in default of
such person the County Surveyor of an adjoining County may
officiate.
§ 621. Persons performing such service are on the same footing
Persons as Couuty Survcyors as to the special service rendered, and are
actlns: "=•'•' ^
County su- personally liable as such Surveyors are officially.
veyor liable ^ '^ *^ »'
as such. § (322. When any County Surveyor, or other person acting as
False sur- such, lias kuowiugly surveyed land as vacant land which is not, or
lilj.^ ' so made any other false survey, he is guilty of a misdemeanor,
and on indictment and conviction shall be imprisoned not longer
than six months.
ARTICLE III.
CORONERS.
Section.
623. How elected and removed from office
624. Justices Inferior Court may appoint
625. Coroner's oath.
626. Must give bond and surety.
627. Additional surety may be required.
62S. Jailor, when Sheriff is imprisoned.
629. Shall serve process in certain cases.
630. Shall hold inquests in certain cases.
Section.
631. May disinter dead bodies.
632. Subject to indictment.
633. Inquest unnecessary in certain cases.
634. Death by accident, etc.
635. Costs paid out of County funds, etc.
636. On conviction, costs a part thereof.
637. Justice of the Peace may act, etc.
§ 623. Coroners are elected, commissioned, qualified, and re-
coroners- movcd, as Clcrks of the Superior Courts are, and hold their
how elected -
and remov- officcs lor two years.
ed.
PT. 1.— TIT. 6.— CHAP. 4.— County Organization 131
Article 3. — Coronei'S.
§ 624. The Justices of tlie Inferior Courts appoint Coroners Justices
on the same terms and m the same manner that they do County nor com-t
Surveyors, which appointments take effect as those of County
Treasurers.
§ 625. Before entering on the duties of his office, besides the coroner's
oath required of all civil officers, he must take the following: "I
swear that I will well and truly serve the State of Georgia in said
office, and will faithfully and truly execute all writs and precepts
to me directed, or which I may lawfully execute, when placed in
-my charge, and return the same according to the best of my
knowledge, skill, and judgment ; that I will, in no case, knowingly
use or exercise my office illegally, corruptly, or unjustly, and that
I will not, under any pretense, take, accept, or enjoy, any fee or
reward pertaining to my office, other than such as are allowed by
law, but that I will, in all things touching the duties of my office,
demean myself honestly, fairly, and impartially, according to the
best of n^y ability. So help me God."
§ 626. He must likewise, at the same time, give bond and surety Must give
in the sum of five hundred dollars, which may be for a greater or surety.'
less amount, according to the local law now or hereafter in force.
He is liable for retaining moneys collected, or otherwise failing to Liable as
do his duty, as Sheriffs are, and is subject to the same proceed-
ings.
§ 627. When a Coroner has to act in the place of a Sheriff, Addition-
. -,, 1 x • n ^ T /-i al bond may
generally or specially, the Justices of the Inferior Court may be required.
require of him an additional bond, in such sum and with such
sureties as in their discretion they may think sufficient to meet
the contingency.
§ 628. He is keeper of the jail, when the Sheriff is imprisoned Keeper of
1 r* ^ r^ , t • i j^i's — when.
or absent trom the County, leaving no deputy.
§ 629. When a Sheriff is disqualified, and it does not appear shaii serve
upon the face of the proceedings, or he, or his deputy, refuses to l^'ha ca^s!"^
perform a service, if any person makes affi_davit thereof, the Clerk
of the Court from which it issues shall place the process in the
hands of the Coroner for execution, and may compel its return to
his office for such purpose.
§ 630. It is the duty of the Coroner to take inquests — si^^n i,oid
1. Of all violent, sudden, or casual deaths. Sm casTs."^
2. Of all deaths in prison, without an attending physician.
182 PT. l.-— TIT. 6.— CHAP. 4.— County Oegakizatios^.
Article 3. — Coroners.
3. Of all dead bodies fonnd, whether of persons known ar un-
known.
4. Of all dead bodies of persons who have died or disappeared
under suspicious circumstances.
5. Of the dead bodies of persons of whom affidavit may be
made, that they came to their death by violence or foul play.
6. Whenever ordered by a Court having criminal jurisdiction.
§ 631. They are authorized, in order to carry into effect the
May disin- preceding Section, to disinter any body already buried, and, like
XBV ClGJlCl DO* ^
dies. a Sheriff, to command the power of the County for that purpose,
§ 632. If any person makes affidavit to facts to authorize such
Person proceeding by the Coroner, or the Coroner does so of his own
making affi- -^ . ° "^
davit subject motiou, and it is done without srood grounds, or from malice or
to indict- ^ / ^ *= ^ '
ment. mischicf, the person so swearing, or the Coroner so officiating, is
subject to indictment, and if convicted shall be fined not less than
On convic- ^^^ hundred dollars and imprisoned not less than thirty days. In
finedSidim^ such cases all the circumstances shall go to the jury, and if they
pnsone . "j^giieve there were reasonable grounds for the disinterment at the
time it took place, it is their duty to acquit.
§ 633. When persons have come to their death by violence, and
An inquest tlierc are witnesses to it, and the person accused is under arrest
unnecessary. . . , / -tit
and undergoes an examination beiore a competent tribunal, there
need not be an inquest.
§ 634. There also need be no inquest where persons come to
Death by their death by accident or act of Grod, in presence of witnesses,
accident or ^ *^ •"■
the act of and there is no reason to suspect foul play and no person makes
affidavit of facts raising such suspicions.
Cost to be §635. The costs of such inquests shall be paid out of the County
paid by the n -i
County. funds.
If the par- § ^^^' ^^ ^^7 p^i^sou is coiivictcd of murdcr or manslaughter in
is convict^i^ a case where an inquest has been held over the body of the person
Saice a^part for slaying whom he is convicted, the costs of the inquest make
viction. '^°^' a part of the costs of the conviction, and must be so charged.
§ 637. When there is no Coroner in a County, or he is absent
A Justice from the County when needed, or will not or can not take an in-
of tliG Pghcg
may act qucst, any Justice of the Peace of the County may act as Coro-
ner.
PT. 1. — TIT. 6.— CHAP. 5.— County Organization.
133
Article 1, — Public Roads.
CHAPTER V.
OADS, BRIDGES, FERRIES, TURNPIKES, CAUSEWAYS,
CROSSINGS, ETC.
Article 1. — Public Roads.
Article 2. — Road Commissioners and their Duties.
Article 3. — Bridges, Ferries, Turnpikes, and Causeways.
Article 4. — Railroad Crossings.
Article 5. — Private Ways.
Article 6. — Mininq.
ARTICLE L
PUBLIC ROADS..
^SKCTION.
638. What roads are considered public.
639. Shall be thirty feet wide.
GiO. Bridges and Causeways, 16 feet widCo
641. Districts laid out, et-c.
642. Roads and Districts to be registered-
643. How laid out or altered.
644. Notice of application advertised, etc»
^45. Holders of 'land — how notified.
Roads established, etc.
Application must be in writing.
Laid out the nearest and best way.
Persons subject to road duty.
What roads to be worked.
651. Number of days required to work.
652. Lists of hands to be furnished.
Must be summoned one day.
What the notice must contain.
Duty of the overseer.
Sudden obstructions in roads.
Special working to be deducted.
Defaulters fined one to three dollars..
Extraordinary implements.
Road may be apportioned.
Persons to whom road apportioned.
Applicant refusing to accept.
Failing to work after acceptan-ee.
Complaint against Commissioners.
646,
647,
648,
.649,
650
653.
654.
,655.
656,
657.
658,
«59
660
661
662
663
664
Section.
665. Defaulters may file excuse.
QQQ. Executions against defaulters.
667. Fine money — how appropriated.
668. Constables collecting, etc.
669. Lien of j^. fa.
670. Timbers used for road purposes.
67L Public roads measured, and posted.
672. Sign-boards to be put up at forks.
673. Failure to put up posts, etc.
674. Overseer may be indicted.
675. Railroad hands — how exempted.
676. Land owners aggrieved, etc
677. Persons claiming damages, etc.
678. Trial — how conducted.
679. Notice to Justices, etc.
680. The time and place of meeting.
681. Objections to jurors.
682. Continuances, etc.
683. Mistrial.
684. Certiorari.
685. Final judgment and payment.
686. Value of the land — how estimated.
^687. Consequential damages.
688. Overseer may be fined.
689. Altering or obstructing public roads.
690. By a fence or tree.
691. Main streets in towns or cities.
§ 638. AH roads laid out for public use by an act of the Gen- Pubiicroads.
eral Assembly, if not otherwise provided, or by an order of the
Justices of the Inferior Court, are declared to be public roads.
§ 639. They shall be cleared of all trees, stumps, grubs, and shaii be
bushes, at least thirty feet wide, and of such limbs of trees as wide,
may incommode horsemen or carriages ; stumps must be cut as
134 PT. 1.— TIT. 6.— CHAP. 5.— CouirrY Organizatioj^.
Ai'ticle 1. — Public Roads.
^ k__,_ .
nearly even with the surface as possible, and the carriage tracl:
must be at least five feet six inehes wide.
§ 640. All bridges or causeways over small wr.?ter com^ses, and
Bridges causcways over swamps or low lands, shall be made and Itept in
ways. repair by hands subject to work on roads ; th© pieces shall be-
Shall be l^id across the road at least sixteen feet long, well secured, made
sixteen ee ^^^^^ ^^^ covorcd with earth.
§ 641. The Justices of the Inferior Court must lay off their re-
Eoad dis- spoctivc Counties into road districts, and apportion the roads and
tricts laid oft' ,. . r»i
and hands hands SO as to dividc the labor and expense on account ot roads^
apportioned.
causeways, and bridges, equally througho'dt said Counties ; all of
which proceedings must be entered on the minuter.
§ 642. They must cause their Clerk to keep registered, in a
public book in his office, a list of all public roads and road districts in
roads and tit,! i 10- ♦
road districts the Countv, to bc added to and corrected from time to time, as
to be regis- . . .
tered. ^ new roads or new districts are laid out, or old ones altered or
discontinued.
§ 643. On application to them for any new road, or alteration
Public in an old road, they shall appoint three Road Commissioners, re-
roads — how ' y X J. ^ ^
laid out or siding* as near where such road is intended to pass as possible, and
altered. ^ _ ... r r :'
if they find it of public utility they must proceed to mark it out,
and make their report under oath to such Justices that it was laid
out and marked conformably to law.
§ 644. If such Justices, on the investigation had, are willing to
Notice of frrant such road, or make alteration in an old road, they shall
application , , . , . . -* (^
must be ad- causc the Clcrk to publish a citation for thirty days at the door of
vertisedfor ^ ^ ^ .
thirty days the Court Houso, and in a public gazette, if there is one in the
County, giving a particular description of th^e new road, or the
alteration, notifying all persons that on and after a certain day
therein named, said new road or alteration will be finally granted,
if no good cause is shown to the contrary.
§ 645. All persons, their overseers er agents-, residing on land
Persons in which such road goes through, except the applicants for the road
posses&ion to . " 7»-».
be notified, or alteration, must be at the same time notified m writing, per-
sonally, or by leaving it at their most notorious place of abode,
that they may put in their claim for damages, or forever after be
estopped.
§ 646. All public roads established without a substantial com-
void roads, pliauco with the provisions of the last named Sections, are void.
§ 64T. Applications for the discontinuance af an old road^ in
PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 135
Article 1. — Public Roads,
whole or in part, raust likewise be made to such Justices in wri- Application
. TIT • must be in
ting, and likewise published, before it shall take effect. writing.
§648. All public roads shall be laid out the nearest and best, .Must be
, . Ifiid out the
way to the place to which they are intended, and as little as can ll^l\^l^ ^^^
be to the prejudice of any private person's enclosed grounds.
§ 649. fAll male inhabitants, white and black, in this State, Persons
■- ^ ^ subject to do
between the ages of sixteen and fifty years, are subject to work road duty.
on the public roads, except ordained or licensed ministers or
preachers of the gospel, professors of any college, or teacher of z.^^/ /^4.-
any County or public school in this State, so long as they are
engaged in teaching, and such other persons as are specially ex-
empted.] (a)
§ 650. The same road hands shall not be compelled to work on on what
1 T • 1 • 1 • 1 "1 ^^^^^ hands
more than one public road, which must come withm three miles compelled to
. . - work.
of their residence, except in opening a new road, when all the
road hands of the road district are subject to work upon it.
§651. Road hands are not required to work exceeding five Notrequir-
•1 1 ^ n 1 T ^^ ^^ work
days at one time consecutively, nor more than fifteen days alto- more than
•^ . "^ ' . -^ . five days.
gether, in twelve months, unless sudden emergencies require the
immediate repairing of the roads, causeways, and bridges within
their respective districts.
§ 652. The several managers or employers of male fpersons of Aiistof
hands to be
color] (b) shall, whenever required, furnish the overseers of the furnished.
road district, with a list, in writing, of those who are liable to
work on the public roads, signed by them, under a penalty of Penalty for
refusin''".
paying three dollars for each male [person of color] (b) so liable
to road duty and whose names are not furnished, to be collected
as fines for not working the road.
§ 653. Overseers of roads in their respective districts shall sum- uamisto
•n ^ - .,.,,.. , be summon-
mon all persons liable to road duty witnm the district, at least ed one day.
one day before the time of working.
§ 654. Such summons must state the road to be worked, the what the
notice must
time and place for meeting, and the implements required. contain.
§ 655. Such overseers shall superintend the working on the overseer
roads assigned them by the Commissioners, cause the same to be
worked and repaired in the best possible manner, and make a re-
turn thereof to the Commissioners in writing, within five days Defaulters
after each time of working, of all defaults and deficiencies which ed. ^^^"'^'^
may have taken place.
(a) Acts of 1865-6, pp. 23 and 78, and Acts of 1851-3, p. 283. (b) Acts of
1865-6, p. 33.
136 PT. 1.— TIT. 6.— CHAP. 5.— County Organization.
Article 1. — Public Roads.
§ 656. When any road, or bridge, or causeway, may become
Eoads-etc, Suddenly impassable, it is the duty of such overseer to call out as
suddenly be- i i • i
comin^c im- many hands as necessary to repair the same, after giving one
day's notice.
§ 657. They shall take notice of the time such hands are em-
Time of ployed ou such SDCcial workings, and shall excuse them from road
special work- J- «/ ■•■ <-> '
dmjtei ^ '^^' ^^*^ ^^ equal number of days out of the whole number all hands
are required to work during the year.
§ 658. Every individual liable to road duty who, being duly
Defaulters summoucd to work, shall neglect to obey such summons, and to
to be lined 7 n J ^
SVoTm^e c^^^y ^^^® implements as ordered, or, appearing with or without the
than $3. implements, neglects or refuses faithfully to work, [shall be fined]
(a) not less than one nor more than three dollars for every day he
or they fail to work, [or be imprisoned at the discretion of the
Commissioners.] (a)
§ 659. If any other instrument than ordinary farming tools
ExtraoHi- arc ncccssary to keep the road in repair, the overseer may receive
ments— how them iu exchange for the labor of hands, or may apply to the
obtained , n ^ V c • r^ ^ ^ • ^ -
Justices 01 the interior Court, who may authorize him to contract
for such as may be necessary, and pay for the same out of the
County Treasury.
§ 660. When a person liable to road duty makes an application
Pubiicroads to the Road Commissioners for a proportion of road for himself
mav be ap-
pointed to and hands to work on and keep in repair, they shall parcel oif
to each applicant some equal and just portion of said road, to be
increased or diminished according to the number of hands, and to
be judged of by the Commissioners.
§ 661. Persons to whom portions of roads are thus apportioned
Dutyofper- must make annual returns to their respective Commissioners,
sons taking . n ^ '
a portion of whenever they require them, ot the number and names ot their
the road to »/ . i .
^^^^' hands liable to road work, and after they have received and put
in good repair their respective portions, such hands shall not be
transferred to any other part of the road, or compelled to do any
other road work, so long as they perform their work satisfactorily
to the Commissioners.
Persons re- § ^62. If the applicants do not accept the portion of road as-
cep°^a^''por'- slgucd thcm by the Commissioners, they must still work in com-
roads? ^^^ mou with the other hands of their road districts.
(a) Acts of 1865-6, p. 23.
PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 137
Article 1. — Public Roads.
§ 663. If, after having accepted such portions, they neglect to Penaityfor
keep them in good repair, they are liable to all the penalties and keep/' such
forfeitures to which Commissioners are liable for neglect of duty,
besides'the usual road fines on the hands.
§ 664. If such Commissioners assign any person a portion of complaint
, ag-ainst com-
road thus to work, which, taking into consideration his number of missioners.
hands as compared to the number liable to do road duty on such
road, is not an equal shar'e of the labor, any white male road
worker of the same road and district may complain to the Jus-
tices of the Inferior Court at any time, and on giving such per-
son three days' notice thereof in writing, such Justices may sum- Three
marily hear all the evidence, and if they believe the complaint is
just, they shall revoke such grant by the Commissioners, and so
have them instantly informed by their Clerk.
§ 665. All defaulters must file their excuses, if any, on oath be- Defaulters
' •' ' may file ex-
fore the Commissioners, who must meet at some place within the ^^^^
district for fininsr defaulters, of which place of meeting they shall
, . . . . 1 Commis-
sive ten days' notice, in writino^, at one or more of the most pub- sionersmust
i=> J ^ 7 ^ &' ^ ■'^giveteii
lie places in the district, and no other notice shall be necessary, days' notice,
§ 666. Such Commissioners must issue executions under their Executions
hands and seals [or their warrants of arrest, as the case may be,] fauiters.
(a) against each defaulter who fails to render a good excuse, di-
rected to any lawful Constable, who shall levy and collect the
same as executions issued from the Justices' Courts [or, as the
case may be, arrest the defaulter and bring him before the Com-
missioners to abide the judgment of the same.] (b)
§ 667. When such fi. fas. or warrants are collected within ten Fines—
1 1 /. 1 1 • 1 PI ^^^^ dispos-
days thereafter, the amounts must be paid to any one oi tneedof.
Commissioners, one-half of which shall be paid to the overseer
having had charge of the hands fined ; the other half to the County
Treasurer, to be used in the building or repairing of bridges.
§ 668. If Constables nesrlect their duty in collectina: such fl. constables
^ ^ ., , r o 11 mayberuled
fas., or fail to pay over the money, [or fail to make such arrests
and bring the parties arrested before the Commissioners, they
shall be subject to rule and suit at the instance of such Commis-
sioners, as though the^. fas. or warrants had issued from a Jus-
tice's Court. In all cases where executions may be issued against
road hands in the employment of others, notice to the employer
(a) Acts of 1865-6, p. 33. (b) Acts of 1865-6, p. 2d. .
138 PT. 1.— TIT. 6.— CHAP. 5.— County Organization.
Article 1. — Public Roads.
of the existence of such execution shall have the force and effect
of a garnishment, and shall operate as a lien on what is due or
to become due from such employer to such employee, and may be
collected as in cases of garnishment.] (a)
§ 669. The liens of such judgments are the same as any other
Lien of judgment, and claim according to their priority in the distribu-
commission- . p , . i n i
ers' judg- tiou 01 moucy, oxcopt that no property is exempt thereirom, and
if illegalities or claims are interposed, they must be returned as
orciaim!^^^^ though issued from a Justice's Court in which the road district is
situated in whole or in part.
§ 670. Overseers are authorized to make use of any timbers for
Timbers tho usc of the roads, and may make contracts with owners of
may be used ^ \ *^
land for other timber, if indispensable, and if they disagree as to
the value, the overseer shall appoint one arbitrator and the owner
another, who, without further formality, shall assess the value,
Timber for and if they disagree, to call in an umpire, whose decision is final.
sestobepSid The Valuation so awarded must then be reduced to writing and
tain cases, signed by the arbitrators, and upon the production of the same,
with a certificate of the overseer that he used the timber assessed,
must be allowed by the Justices of the Inferior Court and paid
out of the County Treasury.
§ 671. They shall measure all that part of the road to which
Roads to they may be appointed, besrinnino: at the Court House, and at the
be measured *^ "^ ^ /^ ^ o r> 7 ^
end of each mile set up a post or mark on some conspicuous
place, which shall designate the number of miles from thence to
said Court House ; and the overseer in the next adjoining dis-
trict shall likewise begin to measure and mark at the last mile
Mile posts post in the district thus measured ; but when such district shall
end at some County line, he shall, by some post or mark, desig-
nate the distance from such County line to their respective Court
Houses.
§ 672. They shall, at the fork of each public road, place, in
Sign-boards some Substantial and conspicuous manner, a board or other mark,
designating thereon the most public place to which each road di-
rects ; and if any road is altered so as to make the fork at some
other place, or as not to make necessary such sign-boards, they
shall be removed and replaced, or either, if necessary.
§ 673. If any overseer fails to comply with the provisions of
^ (a) Acts of 1865-6, p. 23.
PT. 1.— TIT. 6.— CHAP. 5.— County Oeganization. 1S9
Article 1. — Public Roads.
the two immediately preceding Sections, he forfeits not exceeding fam?gtop5
fifty dollars, to be imposed and collected as other fines against him. bJaf^s!^^^*^
§ 674. If any overseer omits to do' his duty with respect to the fam^rto d^o
roads, bridges, and causeways under his charge for as much as^^^'^^^y-
thirty days from the time the necessity for any immediate work
occurs, unless hindered by extreme bad weather or other provi- Maybein-
, ^ "^ ^ , ■■• dieted.
dential cause, he shall be indicted for a misdemeanor, and, on con-
viction, shall be fined or imprisoned, at the discretion of the Court,
i-iTTir» Til 1 • n •• t Li'ible for
and is also liable for all damages at the suit oi any person injured damages.
by such omission.
S 675. Hands liable to road work employed as laborers on the ^ Railroad
^ i ./ hands ex-
line of any railroad of this State belonging to an incorporated f^Plg?? ^£ ■ /
company, or by any contractors constructing railroads, are 6x- ^^•;v***;*''«^
empted from work on the public roads, provided the public road t.*.^^^^ '
overseer having charge of them respectively is paid [two dollars /^-^^^f^
and fifty cents] (a) per day for each hand so liable, which money
shall be expended in hiring hands to work on the roads.
§676. When any person shall feel aggrieved by any road pro- Landiioid-
, '^ ^ , ./ ./ ^ ^ ers aggriev-
posed to be laid out through any of his land, unless otherwise ed— Ww re-
^ o »/ 7 dressed.
provided in the charter thereof, or some special law, he may
petition in writing the Justices of the Inferior Court, either of
whom shall direct their Clerk to issue a warrant under his hand,
directed to the Sheriff of the County, to summon from the vicin-
age a jury of freeholders to try such question of damage, who shall , Trial by
be sworn by some Justice of the Peace to truly and impartially
assess any damage the owner will sustain by means of such new
or altered road, and said Justice shall preside over their delibera-
tions-
§ 677. No person is competent as a iuror who claims any damage incompe-
^ ^ '' . . tency of ju-
of the County or person for the same or any similar road, or who ^^^^
would be disqualified if the trial was before the Superior Court.
§ 678. The iury shall inspect the road and land in person, Triai-bow
*^ , . , r 7 conducted.
unless already familiar with them, and swear any witnesses that
the owner or any person on the part of the County may ofi'er, as
to their opinion of the damages sustained.
§ 679. The Sherifi* shall notify the Justice of the Peace and Jnstices
•^ andKoad
the Road Commissioners of the district where the road lies, and^'^™™^^-
" sioners to be-
the owner of the land, the day and place of trial, and shall notify ^"^i^^^^^
(a) [Acts of 1863-4, p. 47.]
140 PT. 1.— TIT. 6.— CHAP. 5.--County Organization.
Article 1. — Public Roads.
er^'TndTS'- ^^ attend then and there, as witnesses, any persons he may be
notified!^ ^^ requested to by such Commissioners, or the owner.
§ 680. He shall fix the time and place, the time not less than
sheriflffive nor more than twenty days, and the place as near the land as
shall fix time , ■ i i . -,
and place of the propor house-room can be obtained.
meeting. o na-i \ i • i • •
§ Dol. At the trial any person m interest may object to the
Objections impanncling of any juror for cause, and if from this or any other
to jurors. . . i i i -i
cause there are not twelve jurors impanneled and sworn, the
Sheriff must proceed to procure tales jurors.
§ 682. The trial may be postponed or continued from day to
be postpon- day Until completed, and if the Justice of the Peace summoned to
Justice attend should fail to preside, the Sheriff must supply the vacancy,
failing to at- . p p .^ t , • ,
tend. II necessary, irom some other district.
§ 683. If a mistrial occurs the Sheriff shall proceed de novo
Mistrial, to summou Other jurors, and all the proceedings shall be as at
first, and so on until there is a verdict.
§ 684. The judgment in such cases may be certioraried by the
Certiorari. County or the owucr of the land, as in certiorari from forcible
entry and detainer trials, and if a new trial is ordered, they shall
proceed to procure a trial as previously.
§ 685. When such judgment becomes final, all the papers apper-
Finaijudg- tainiiis: thereto must be filed in the Clerk's ofiice of the Inferior
ment. '->
Court; the Justices thereof must grant an order for the damages as-
howpafcL sessed in favor of the land owner, but if such Justices are satisfied
that such damages transcend the utility of such road, or that part of
it, they may revoke the road altogether, or order the same altered
so as to avoid the land so damaged, or make the owner an offer
of such compensation as they may think just.
§ 686. In estimating the value of land when taken for public
Value of uses it is not restricted to its agricultural or productive qualities,
land — how, . . , , n t i • •
estimated, but inquiry may be made as to ail other legitimate purposes to
which the property could be appropriated.
§ 687. Prospective and consequential damages resulting there-
coEsequen- from may be also taken into consideration, if the same are plain
and appreciable, and on the other hand the increase of the value
of the land from^ the proposed public improvement may be con-
sidered, but in no case shall the owner be deprived of the actual
damages by such estimated increase.
Overseer § ^88. If any ovorsccr, within twelve months after his appoint-
dJtyt'2'ta^ ment neglects faithfully to discharge the duties required of him,
PT. 1.— TIT. 6.— CHAP. 5.— County OuaANizATiON.
141
Article 1. — Public Roads.
Finos not
less than
$25 nor
more than
$1000.
he is subject to a fine not exceeding fifty dollars by the Commis- Fine im-
sioners under whom he serves, who shall notify him of his neglect, cSlectcd.
and unless a good excuse is rendered to them within twenty days
from the time of such notice they shall issue execution for the
fine assessed.
§689. If any person shall alter any public road or cut any Aitemsror
,.-, • 1 . n t ' ^ obstructing
ditch across, or alter the location of any bridge, or make any puWicroad.
new bridge necessary by his act, without first obtaining an order
therefor, he is guilty of a misdemeanor, and on conviction thereof
shall be fined not less than twenty-five nor more than one thousand
dollars, and shall be liable besides, by suit, for all damages any
person may sustain thereby.
§ 690. When any person shall make any fence or cut any tree, obstmc-
or make other like obstructions m or across any public road, fence or tree,
•^ ^ , ' if not re-
w^hich is not removed in two days and a safe and convenient way, moved.
at the time of the obstruction, made for travelers, he shall pay a
fine of twenty dollars for each obstruction, to be recovered by
execution issued by the Commissioners, as in cases of road fines, ^^^^^
and shall be liable for any damages caused by the obstruction,
from the first to the last, if the person injured used ordinary
caution.
§ 691. And when the main streets of an incoroporated town or , streets in
^ ^ towns or ci-
city continue in a state of neglect for three months, the Justices ^(f^fo^jffJfiJe
of the Peace therein are, by virtue of their office. Road Commis- ^^^^^^^ ^tc.
. •1111 Justices to
sioners, and shall appoint overseers, apportion the hands that act as Eoad
would be liable to road duty throughout the town, have the streets sioners.
worked on, as though they were public roads, and must, in every
other respect, perform the duties of Road Commissioners, and for Maybe
neglect of any other duty, or violation of any of the road laws, neglect
are liable to fine as such Commissioners.
Fine $20
for each of-
ARTICLE II.
COMMISSIONEES OF PUBLIC ROADS.
Section.
692. Three for each district.
693. How appointed.
694. Compelled to serve unless excused.
695. Must be notified within ten days.
696. Clerk failing to give sucli notice.
697. Exempt from patrol and militia duty
698. Duty of Commissioners generally.
699. Persons exempt from road duty.
Section.
700. Pay of overseers.
701. Proceedings against for neglect.
702. Failing to appear when cited.
703. Executions against Commissioners.
704. A public road being a district line.
705. Necessary books shall be furnished.
706. Certificate of discharge.
142 PT. 1.— TIT. 6.— CHAP. 5.— County Organization.
Article 2. — Commissioners of Public Roads.
§ 692, There shall be three Commissioners for each road district,
Three Com- any two of whom may act, and in case there is only one in a dis-
for each dis- tpict, that onc is invested with all the powers of the three until
■tnct — two" r '
may act. ^q vacancics are filled.
§ 693. Such Commissioners are appointed or re-appointed by
Commis- the Justiccs of the Inferior Court, biennially at their first meet-
's loners— ^ "^ •
how appoin- jng of the ycars of the appointments, and, whenever necessary,
to fill vacancies at any time.
§ 694. Those thus appointed are compelled to serve, unless
Compelled cxcuscd by such Justiccs, who shall receive for such ^xcuse provi-
to serve. j , • i i
dential cause onlj^.
§ 695. As soon as appointed, they shall be notified thereof in
Must be writins; within ten days thereafter by the Clerk of the Inferior
notified in i • p i • i • ^ - i
writing Court, and it such appointees do not, withm ten days alter receiv-
within ten ' . ■'•-'•. ...
^ays. ing such notice, file their excuse in writing, under oath, in such
Clerk's office, they shall be considered as having accepted.
§ 696. If a Clerk fails to give such notice, he is guilty of a con-
faiiki^ tono^ tcmpt, aiid shall be by such Justices fined twenty dollars for each
tify Com- f^f^aXt^o'c
missioners. iitJgiUOl.
Road Com- § ^^"^ ' ^uch Ccmmissioncrs, while in office, are exempt from all
Sempt,^e[c! J^^T? P^^rol, militia, and other road duty.
§ 698. It is their duty —
ione??Sl!st "'■• "^^ appoint, within fifteen days, one or more persons in their
^^PJiVi* ^^" respective districts as overseers of the road.
2. To apportion the roads and hands under their charge a-t the
Apportion Same time as equally and fairly as possible, and to furnish the
several overseers with a list of the roads and hands under their
respective charge.
E. To hear and determine upon all cases of default or other
Trydefani- violatiou of the road laws within their jurisdiction (if not indicta*
ble only) at a Court to be held by them twenty days after every
road working, or as often as emergencies may require, and to
issue executions or other process against the convicted.
4. To keep a book in which to enter —
'Fir%t. The several hands in their respective districts subject to
Names of road duty ; to what roads and what parts thereof assigned, and
road hands to , ^ . , • • r» <• x
be register- uudcr What oversccr ; changing and correcting it irom time to
time, as may be necessary.
Second. A list of all defaulters and persons fined, the amounts
PT. 1.— TIT. 6.==^CHAP. 5.~CouNTY Organization. 143
Article 3.— Commissioners of Public Roads.
fined, amounts paid, what disposition made of the money, what a list of
' 1 1 . 1 defaulters,
executions issued and unpaid. etc*
5. To pay to the County Treasurer, as soon as collected, that Disposi-
portion 01 the nne money belonging to the County, to be used m ney raised
the repairing or building of public bridges and causeways, and
annually, on the first of December, to report to the Justices of
the Inferior Court the condition of the public roads and bridges tion ir^ni'"
in their respective districts, the state of the finances, what execu- bridges, etc'
tions are outstanding unpaid, and their condition.
6. To inspect, from time to time, the public roads, bridges, and Roads,
, . . . o 7 biidges, and
ferries within their districts, notice the character of the repairs, ferries to be
^ ^ ■•■ ■' inspected.
and observe if such road is regularly posted and direction boards
put up as required by law, and if said bridges and ferries are in
proper repair.
7. To exercise a general supervision over their respective over- commis'
1 f* -, (, 1 r» 1 1 1 sioners' gen*
seers, and to nne them tor neglect ot duty, and to see that persons erai duty.
are indicted for the offenses set forth in the road laws.
8. To administer all oaths, relative to the road laws, connected
with their duties.
§ 699. In makina; up the list of road workers, they must not Ministers,
. 1 T 1 r. n • 1 • • P T teachers and
include the following description of persons, w^ho are exempt from others ex^
^ ■••,_■*■ ■'■ empt from
such duty — viz : Licensed ministers, teachers and students of col- ^^ad duty.
leges and schools, keepers of public grist mills, public ferrymen,
keepers of toll bridges, turnpikes, causeways, and plank roads,
engineers and white persons in charge of cars or trains running
on railroads, officers of the United States, this State, or any
County thereof, and all others exempted by any special law.
§ 700. They are authorized to pay overseers one-half of the overseer of
•^ ^ . . roads paid
fine money as compensation to him as informer. as informer.
§ 701. [Whenever the G-rand Jury in any County in this State Proceed-
in -r»i/-i •• o 1 r> 1 ^°?s against
shall present any Koad (jommissioners tor neglect of duty generally, commission-
or in any particular, it shall thereupon be the duty of the Clerk lectofduty.
of the Court to issue a summons in writing, directed to such Com-
missioners, commanding them to be and appear at the next term
of the Superior Court in which the presentment is made, to answer
the accusation of the Grand Jury, which said summons shall be
served by the Sheriff upon the Commissioners at least twenty days
before the Court to which the same is returnable ; and if, upon the
investigation of the case, it shall appear that the accusation is
made out by the proof, the Judge shall thereupon impose upon
4r
lU
PT. 1.— TIT. 6.— CHAP. 5.— County Organization.
Article 2. — Commissioners of Public Roads.
such Commissioners a fine of not less than fifty dollars nor more
than t^'O hundred dollars.] (a)
§ 702. If they have been duly cited and served, and fail to
appear, the Court may proceed ex parte.
§ 703. The Clerk of the Court is directed to issue executions
against them for the fine and costs, which shall be executed by
the Sheriif. The lien of such executions, and the property subject
thereto, are the same as those against defaulting road workers.
§ 704. When any public road may be on a road district line,
and the Justices of the Inferior Court have not specially assigned
it to any particular district or set of Commissioners, the Commis-
sioners of each district shall co-operate in arranging the hands
and appointing the overseers for such road.
§ 705. The books such Commissioners are required to keep
must be furnished by the Justices of the Inferior Court at the
expense of the County, and out of the road money, if any, and
when full must be deposited in the office of the Clerk of the In-
ferior Court.
§ 706. After the Commissioner has faithfully served through
the term of his appointment, he may obtain from the Clerk of the
Inferior Court a certificate of such fact.
FailiDg to
appear.
Execution
to issue by
the Clerk of
the Inferior
Court.
A public
road being a
district line.
Books sball
be furnished
by Inferior
Court
Shall be
deposited in
Clerk's of-
fice.
Certificate
of discharge
— by whom
granted.
ARTICLE III.
BRIDaES, FERRIES, TURNPIKES. AND CAUSEWAYS.
Section.
707. Public ferries, bridges, etc.
708. Regulations concerning the same.
709. Erected for benefit of the County.
710. Power and duty of Inferior Court.
711. Condition of contractors' bond.
712. Bond must be approved.
713. Additional bond may be required.
714. Roads, bridges, etc.
715. Contractor failing.
716. Defendant resisting payment.
717. Contractors incompetent as jurors.
718. Bridges, etc., crossing County lines.
719. County refusing to contribute.
720. Toll bridges crossing County lines.
721. Private bridges, etc.
722. Distance in such cases.
723. Rates of toll to be posted up.
Section.
721. Land owner may erect a bridge, etc.
725. Excessive rates shall not be charged.
726. Rates to be examined annually.
727. Persons making excessive charges.
728. Fords, bridges, etc.
729. Public bridges, etc.
730. Proprietors liable for neglect.
731. County — when liable for damages.
732. Persons detained at public crossings.
733. No toll after expiration of charter.
731. Owner of private ferry, etc., liable.
735. Breaking toll gate, etc.
736. Right of way.
737. Grant to land — what passes.
738. Grant for a ferry.
739. Value of land taken— how.
(a) Acts of 1866, p. 18.
PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 145
Article 3. — Bridges, Ferries, Turnpikes, and Causeways.
§ 707. All bridges or ferries, turnpikes or causeways, erected . puWic
or permitted by any act of the General Assembly, if not other- r'^s," ckuse-
r ■J >/ ^ ^ y ^ ways, etc.
wise provided, or by order of the Justices of the Inferior Court,
for public purposes, are declared to be public.
§ 708. They are divided —
1. Those established by the County which are free to every Bridges,
•^ "^ "^ ferries, etc.
one.
2. Those established by the County where toll is charged gen-
erally or specially.
3. Those established by individuals under the authority of law
or by virtue of a prescriptive right.
4. Those established by individuals without such rights, who
accommodate the public or any portion of them for compensation.
§709. The Justices of the Inferior Court may put a ferry or Justicesin-
11 1T1 ni'ip 11 n f^''i<''' Court
causeway, or both, or may establish a toll bridge tor the benent may estab-
1/^ 1 • 1 n lishforbene-
of the County; but when on any such County bridge, ferry, or fit of county.
causeway, toll is charged, the County is liable as individuals own-
ing them, and the owners of lands must be compensated as in
other cases.
§710> The Justices of the Inferior Court of the several Coun- Powerofin-
^ . . ferior Court
ties have authority — over public
l)ri(l*^^GS fcr-
1. To appoint the places for the erection of public bridges, nes,'' cause-
: , . ways, etc.
County ferries, turnpikes, and causeways, and to make suitable
provision for their erection and repairs by letting them out to the
lowest bidder, hiring hands, or in any other way that may be for
the public good and agreeable to law.
2. To require sufficient bond and good security for the faithful Undertaker
^ . to give bond.
performance of all such works and contracts, and to indemnify
for all damages occasioned by a failure so to do.
3. To license any person to establish such bridge, ferry, turn- License to
• 1 , T , 1 • 1 1 establish.
pike, or causeway, not exceeding ten years, which may be re-
newed at the expiration thereof.
4. To fix the rates of toll for crossing any such where the toll Eatesoftoii
can lawfully be charged, and regulate those previously estab-
lished or that may afterwards be established, so as to conform to
what is both reasonable and usage on such water courses, pro-
vided such charges are not specially regulated by the General
Assembly in some act of incorporation to the exclusion of such
Justices.
5. To exercise a general supervision over such, and see that
10
146 PT. 1.— TIT. 6.— CHAP. 5.~County Organizatioit.
Article 3. — Bridges, Ferries, Turnpikes, and Causeways.
General thev are kept in proper order and properly attended to, and to
supervision '' „.. .,
over public require from tnne to time, as the occasion may demand, sufficient
bridges, fer- -"■ -y • c ^ •
ries, etc. bond and good security from the proprietors thereof, conditioned
for their keeping in repair a sufficient and safe bridge, flat rope,
turnpike, or causeway, and all other appointments necessary for
a good ferry and competent and faithful attendance by day and
night, and to indemnify the public against all damages by reason
of a failure so to do.
§ 711. When a public bridge, ferry, turnpike, or causeway, is
Condition let out, the coutractor must, in his bond, make a condition also to
of the bond , . . t . /. t t
of contrac- keep it m good repair tor at least seven years, and as many more
years as the contract may be for.
§ 712. All bonds taken from contractors or proprietors must
Bond must be approvcd by the Justices of the Inferior Court, filed in the
" office of the Clerk of the Inferior Court, and by him recorded in
books kept for that purpose.
§ 713. If when an additional bond is required, it is not given
b ^1 ma^^be "^^^^^^ ^^^ days from the time the proprietor, or his agent, is noti-
required. gg(j by the Clerk of the Inferior Court, the license must be re-
voked,
§ 714. When any such work shall require repairing, it is' the
Eoads, duty of any one or more Road Commissioners in whose road dis-
bridges, etc , ^^ "^ _
to be kept in trict the Same is, to ^ive notice in writing to the contractor, or
repair. ^ o o 7
one of his sureties, stating the repairs necessary to be made, and
requiring them to be done within a reasonable time, stating the
time.
§ 715. If such repairs are not made within the time required.
Repairs—
by whom to they shall employ some other person forthwith to make them, and
be made. J if J r i
upon report to the Clerk of the Inferior Court of their cost, he
Contractor ;" ,, . . . i -i •
failing, exe- shall issuo an exccution aai-amst such contractor and his sureties
cution may ^ _
issue against for tlio exponso of such repairs and the costs.
§ 716. If the defendant resists the payment of said execution
If defend- at law, it must be returned for trial by iury, if demanded, either
ant resists ' -> r\ o ..,
payment of to the Justicos Court of the district where the defendant resides
such execu-
tion how upon whose property the levy is made, or to the Superior Court
of the County, according to the principal amount thereof.
§ 717. Persons who have undertaken the building or keeping
Contrac- in repair any bridge, ferry, turnpike, or causeway, or are surety
"tors cs-ii not _^
be Eoad for such pcrsous, Can not be Road Commissioners of the road dis-
Commis- ^ '
sioners. ^rict which embracos such, and if, after having been appointed,
PT. l.-~TIT. 6.— CHAP. 5.— County Organization. 147
Article 3. — Bridges, Ferries, Turnpikes, and Causeways.
they become such contractor or surety, the Justices of the Infe-
rior Court must declare a vacancy and appoint some other persons
in their stead.
§ 718. When a bridge or ferry is necessary over any water Bridges,
c) »/ xi 'J etc., crossing
course which divides one County or more Counties from each other, county lines
•^ '' to be kept
each County must contribute equally toward the building and ^n^^ ^^y^ ^^uch
keeping the same in repair, or in such proportion as would be just, J^^°^^^-
taking into consideration the taxable property of each, and the
amount expended by each in the construction of bridges and other
passways.
S 719. If any County refuses to undergo its fair proportion of , Thereme-
'^ »/ ./ CD \. L ^y when one
such expenses, the other County or Counties may construct the ^^^^l^y ^'^^ii-
y. ' t/ v' ses to con-
work, compel the other to contribute by suit, and until such con- *"^^^®-
tribution takes place, may have exclusive control thereof, and
charge toll thereon against all the citizens of the refusing County.
§ 720. The toll bridges or ferries over water courses makinsi: Toiibridges,
^° ^ ^ etc., crossing
County lines, may be licensed by either County, and in such cases County lines
'J ' *i «/ «^ ^ may be li-
the bonds must be approved, filed, and recorded in the County ^?°^^^^ ^^
where the license is granted.
§ 721. No private ferry charging toll shall be established on no private
any water course within three miles of where public bridges are be estnbu&h-
previously erected and kept up, but bridges may be erected at the three miies
public expense at places on the same stream, other than those fcndge.
where bridges are previously erected, if not violative of any spe-
cial provision of the law.
§ 722. When exclusive right is granted to any person to pre- Distance—
vent others irom erecting bridges or terries, or the like, within a ted.
given distance from the same, it shall be computed by the course
of the stream.
§ 723. Every proprietor of bridges, ferries, turnpikes, and Eatesoftoii
causeways, where toll is allowed to be charged, must fix a board up. ^'^^ ^
in a conspicuous place, as near the same as practicable, with black
ground, on which shall be the various rates of toll ; and if such is
neglected, he shall be subject to indictment, and, on conviction,
shall be fined not less than fifty dollars for every week he so neg- neliect.^ "^^
lects.
§ 724. Any person who may be the owner of any land through Landown-
"Which a stream may pass, on both sides thereoi, may establish any struct bridg-
bridge or terry thereon, at his expense, and may charge lawful ws own land
toll for crossing, according to the rates of other bridges and fer-
148 PT. 1.— TIT. 6.— CHAP. 5.-~County Oeganization.^
Article 3.— Bridges, Ferries, Turiipil<:es, and Causeways.
ries on the same stream^ or if none other, the customary rates over
such streams elsewhere.
§ 725. If such person shall demand excessive rates, any person-
Excessive may complain to the Justices of the Inferior Court of the County,
rates shall i • ^ i •
not be de- and if the rates are excessive, they must reduce and fix them.
§ 726. The Justices of the Inferior Court of each County must
Hates to once each year examine the rates charged in their Counties, and
annually, kcop fixcd the ratcs of toll for the several bridges, ferries, turn-
pikes, and causeways within the limits of their County, which have
the right to charge them, and must enter the same on their minutes,
§ 727. If any person shall charge more than the lawful rates.
Persons or morc than indicated by the board, he is guilty of a misde-
taaklni? ex- . . -^ . ,. ,
ces sive mcanor, and on conviction must be fined in the discretion of the
charges —
how punish- Court, and for the second offense, in addition to the fine, he for-
feits his franchise.
§ 728. No person authorized to have a bridge or feny on his
Fords, own land will be permitted to stop up or obstruct any ford, bridge,.
bridges, etc., ^ , ^ ' \ - ^^i. c - ^ ^
nottobeob- or terry, and upon so doing he is guilty ot a misdemeanor, and on
conviction must be fined or imprisoned, or both, in the discretion
of the Court.
§ 729. After a person has once established such bridge or ferry,
Bridge?, etc., he shall iiot discontinue the same without first giving public notice
nottbbedis- ... . i /", tt i
continued, thorcof by advertisement posted on the Court House door and m
a public gazette, if there is one published in the County, for at
least sixty days.
§ 730. Any proprietor of any bridge, ferry, turnpike, or cause-
Proprie- Way, whether by charter or prescription, or without, or whether
tors liable , . , p . i i i i ^ i
for neglect, by right 01 owumg the lands on the stream, are bound to prompt
and faithful attention to all their duties as such ; and if any
damage shall occur by reason of non-attendance, neglect, careless-
ness, or bad conduct, he is bound for all damages, even if over
and beyond the amount of any bond that may be given.
§ 731. The provisions of the preceding Section apply to all
On failure coutractors for the establishment of such, when damages accrue
to take bond ,p.,. ,,.,.
the County from a Want of good faith in performinp; their several contracts.
13 liable for . ° , r & i i i t
damages, and if uo bond or sufficient guarantee has been taken by the Jus-
tices of the Inferior Court, the County is also liable for the damages.
Persons § 732. Any person unreasonably detained at a public ferry, toll
detained at bridge, tumpikc, or causeway, may for each detention recover of
i'^gs.^'^ "^^^^^ the owner ten dollars before any Justice of the County^^.
PT. 1.— TIT. 6.— CHAP. 5.— County Organization.
149
Article 3. — Bridges, Ferries, Turnpikes, and Causeways.
§733. If any person demands or receives toll for crossing any Persons
. '1 n 1 ' n ^ • charging t-o'll
ferry, briage, or causeway, or turnpike, after the revocation oi his after expir^i-
license or forfeiture of his charter, or, having a rio-ht for a ferry, ter, or failing
allows the banks on either side to be out of repair for more than ^r^a boatsin
••• order.
five days at any one time, or to provide good and safe boats of a
size sufficient for the accommodation of the public, furnished with
competent and sufficient ferrymen for the safe and speedy passage
of all persons, vehicles, horses, and stock, or, in case of a toll
bridge or causeway, fails to keep the same in good repair, without
a reasonable excuse for such failures, to be determined by the
Court, he is guilty of a misdemeanor, and on conviction must be fined $20. ^
fined not less than tw^entj dollars.
§ 734. If any person who keeps a private bridge, ferry, turn- owners of
pike, or causev/ay, passes any person for toll, the owners incur the nesaiabie.
same liability and peni?.ities as those permitted by law.
§ 735. If any person break or iniure any gate to a toll bridfje, Breaking
^ ^ . . ° ' or injuring
turnpike, or causeway, or obstruct, iniure, or destroy such brids;e pteoravoid-
i- ^ ./' ... . ing payment
or causeway, pass round or under the same with intent to avoid
the payment of toll, such person forfeits to the owner ten dollars
for each of such acts, and is also liable for the damages.
§ 736. Damages for the right of way are to be assessed in the Eight ofway
manner prescribed for public roads and private ways.
§ 737. Grants to land on water courses, with the appurtenances, Grants to
convey no right of public bridge or ferry.
§ 738. The grant of a ferry franchise conveys no right to build Grant for a
a bridge, or the contrary.
§ 739. In determining the value of land taken for a bridge, its vaiueof
, ., . , . , % land taken
prospective value as a bridge site and its present value as a terry, for a bridge
r. ^ . . -, ? . •, 1 1 . -^«^^ ^«i-
II. one is m use, may be taken into the calculation. mated.
ARTICLE lY.
EAILROAD AND OTHER CROSSINGS.
Sectiox.
740. Roads at railroad crossings.
741. Extent of sucli crossings.
742. Erecting posts and blowing ^vhistle.
743. Neglecting to erect such posts.
■744. Failing to blow the whistle.
,745^ Pjoof ef damage'— on.Ms on Company,
'74fi. Suite— when to be brought.
Section.
747. Failing to keep crossings in order.
748. Must be done by overseer of Roads.
749. Executions against defaulting Co.
750. Money raised — to whom paid.
751. Railroad company maj' defend.
752. Planli, macadamized and other rQadSp
753. Public highways, bridges, etc.
150 PT. 1.— TIT. 6.— CHAP. 5.— County OEGANizATioi^.
Article 4. — Kailroad and other Crossings.
§ 740. All railroad companies shall keep in good order, at
Public and their expense, the public roads or private ways established pursu-
private Avays j. / j. i. ^ i
tobekeptiip ant to law, where crossed by their several roads, and build suita-
at crossings ^ ^ *' '
of Railroads. |)ig bridges and make proper excavations or embankments, accord-
ing to the spirit of the road laws.
§ 741. Such crossings include the width of land on both sides
Extent of of the road allowed by charter or appropriated by the Company
such cross- <^ rr x ,; r j
in^s- therefor, and for as many feet beyond, each way, as is necessary
for a traveler to get on and off the crossing safely and conveniently.
§ 742. There must be fixed on the line of said roads, and at the
A post to (distance of four hundred yards from the center of each of such
D8 erected. •^
road crossings, and on each side thereof, a post, and the engineer
shall be required, whenever he shall arrive at either ©f said posts.
Blowing to blow thc whistlc of the locomotive until it arrives at the public
* road, and to simultaneously check, and keep checking, the speed
thereof, so as to stop in time should any person or thing be cross-
ing said track on said road.
§ 743. Should any company fail or neglect to put up said posts
to^rfcfsucf ^^^ superintendent thereof shall be guilty of a misdemeanor, and
P°^*' upon indictment and conviction thereof in the County where such
failure occurs, shall be subject to a fine of not less than five hun-
dred dollars nor more than one thousand dollars.
§ 744. If any engineer neglects to blow said whistle, as required,
Failing to and to clicck the speed as required in Section 742, he is guilty of
blow tlie .- ,.,. , ...,^
whistle. a misdemeanor, and on indictment and conviction m the bounty
where such failure occurs, he shall be punished by fine not ex-
ceeding five hundred dollars, and imprisoned not exceeding ninety
Fine and days, or either, which the company by whom he is employed is
Sent''^^" bound to pay.
When an § 745. When such injury occurs, the onuB is upon the company
curs." to prove such fault on the part of the injured persons.
Suits in § 746. Such suits may be located in the County where the in-
the County ^ t/ ^
where inju- j^^y occurs, and scrvicc perfected as in case for killino- stock.
ry occurs, «; ./ ? 1 o
§ 747, When any road over which a crossing is required shall
Railroads bc obstructcd, or not in good order at such crossing, a Road Com-
crossings missioner, or an overseer of the road district where the crossing
are required. . -pi i f» i
IS, must notiiy the nearest agent or employee oi the company, m
writing, to remove such obstructions, or ta put such crossing in
proper order within thirty days from the date of such notice.
§ 748. If such requisition is not complied with, it must be done
PT. 1.— TIT. 6.— CHAP. 5.~C0UNTY ORaANIZATION.
151
Article 4. — Railroad and other Crossings.
bj the overseer of the road, and within five days after he shall
have discharged such duty, he must report, under oath, in writing,
to the Commissioners of the district, the amount and value of the
services performed.
§ 749. The Commissioners shall then issue execution, under their
hands and seal, directed to any lawful officer, for the amount of
such value and^ the costs of the proceeding against such default-
ing railroad company, as in case of other road defaulters.
§ 750. The amount, when collected, must be paid to the persons
who performed the labor, pro rata, and according to the labor per-
formed by each, and for other expenses of said work, if any.
§ 751. The defendants may defend themselves from such^. fas.
as other defaulting road-workers may.
§ 752. The provisions of this article are, so far as applicable,
extended to any plank, macadamized, turnpike, or other road, be-
longing to private individuals or a joint stock company.
§ 753. Public highways, bridges, or ferries, can not be appro-
priated to railroads, plank roads, or any other species of road, un-
less express authority is granted by some constitutional provision
in their charters.
Eequisition
must be
c o m p 1 i e d
with in five
days.
Execution
shall issue.
Money-
raised — how
disposed of.
Defenses —
how made.
Plank and
other roads
subject to
the same
provisions.
Public
brid g-es,
highways,
etc.
ARTICLE V.
it^ PRIVATE WAYS.
Section.
754. Private ways — by whom granted.
755. Must be kept open.
756. How obtained.
757. How laid out — notice of application.
758. Damages — how assessed.
759. Applicant may decline to open.
760. May be established by agreement.
761. Protected as public roads.
762. Persons may join in opening, etc.
Sectiox.
763. May apportion work, etc.
764. Private way over wild lands.
765. Seven years' uninterrupted use.
766. Can not be closed after one year.
767. Special damages in certain cases.
768. When there is but one bluff, etc.
769. Application for use of landing.
770. Damages omitted in the grant.
771. May be converted into a public road.
§ 754. The Justices of the Inferior Court have authority to Private
T .1 T /. 1 -I . ways — by
grant private ways to individuals to go irom and return to their whom grant-
farms or places of residence.
§ 755. They must not exceed fifteen feet in width, and must Not more
be kept open and in repair by the persons on whose application wide.
they are established, and may be as much less as the applicant
may choose.
152 PT. 1.— TIT. 6.— CHAP. 5.— County OEOANizATioisr.
Article 5. — Private Ways.
§ 756. Any person desiring such passway over the land of an-
How ob- other, must petition the Justices of the Inferior Court, settinsj forth
tained. / ^ . ^ _ ^ ' °
particularly the distance and direction of such road, over whose
land it is to go, through what improvements, if any, and their na-
ture, and the special purpose for which it is desired.
§ 757. After all persons over whose land said passway is to be
Land own- made sliall have had twenty days' notice, in writinsr, of such ap-
ersmust . , .
have twenty plicatiou, and such Justices shall be satisfied such applicant is en-
daj's' notice. -"-^ _ \^ ^
titled to the same, they shall appoint five commissioners, who
shall be disinterested persons, any three or five of whom may act,
Private to vicw and lay out such road, so as to do the least possible dam-
ways — tiow
laid out. age and inconvenience to the land-owners, who shall make their
rej)ort within thirty days from their appointment. They shall
make out their report in writing, and furnish all the parties in
interest with copies thereof; and if either party is dissatisfied with
such report, by giving the other five days' notice in writing, he
Either par- may take an appeal to the Justices of the Inferior Court, who,
p^a™^"^ ^^' after having all the evidence, fro and co^^, may confirm said re-
port or alter the same, which, when done, shall be final.
§ 758. If the person then, over whose land the passway is, con-
Dama<^es— ceivcs that he will be damaged thereby, he may proceed to have
how assessed ^^ damages assessed in the same manner that damages are as-
sessed in case of public roads, and the applicant therefor stands
in the place of the County and Road Commissioners.
§ 759. After the damages are thus assessed, the person who
Applicant has them to pay may decline to open the same, but he is bound
may decline r, ■, f>ni t ^ ^ ^ ^
to open the tor the costs 01 all the proceedings, whether he uses the passway
or not, for which the Clerk of the Inferior Court may issue an
Costs. ; . • . -^
execution ; and in all cases the damasjes must be paid before the
Damages ^-^ ■■•
mil St be ^r^y |g opeucd.
paid. "^ ^
§ 760. Private ways may be established by an agreement in
Maybe es- writins; of all parties concerned, in which may be stipulated any
lablished by ° ^ / ^ i / i p i r^
a-reement. damages, wliich must be spread on the road book of the County,
and when so done, has the same efi"ect as though established by
the forms of law.
§ 761. When a private way becomes established, it must be en-
Eeoorded tcrod ou and fully described in the road book, and the owner
ed as public thereof is entitled to be protected in the use of the same as a
public road.
§ 762. Several land owners may join together in opening a pri-
PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 153
Article 5. — Private Ways.
vate way, or in keepiD^ it up afterwards, or both; and when so several
•^ ^ A o 1 7 / ^ ^ YaDd holders
done and entered on the road book, the duties and privileges ex- may j<nn in
' ^ "-' openinga
tend to vendees of the same real estate. '^^'-'y-
§763. When several so join, they may apportion the road for Mayappor-
./ii ^tiont he
work among themselves, or work it under the road laws, selecting work.
one of their number as Road Commissioner, whose powers are
the same touching such road and the hands thereof as the three
Road Commissioners of the district.
§ 764. If a private way is established over the wild lands of a On wild
■•■ , '^ . lands.
person who has no notice of the proceeding, as soon as he does
have such notice, and within six months thereafter, he may pro-
ceed to have his damages assessed against all persons who are
land owners and are in the habitual use of such private way,
and not after.
§ 765. When a person has laid out a private way, and has been seven years'
, , "^ . . . tin interrupt-
in the use and enjoyment of it as much as seven years, of which ed use.
the owners have had six months' knowledge, without moving for
damages, his right to use becomes complete, and such owners are
barred of damages.
§766. When a road has been used as a private way for as can not be
closGcl &ft6r
much as one year, an owner of land over which it passes can not one year
, . PI without no-
close it up without first giving the common users of the way tice.
thirty days' notice in writing, that they may take steps to have it
made permanent.
§ 767. When a private-way is established over the land of an- spedaUvays
other for the purpose of hauling wood or timber, or other com-
modity, to any place of landing whereat the business of rafting
or shipping is carried on, or to any railroad depot, it shall not Extent of.
extend to the use of any landing erected by a person for his
own benefit.
§768. If, however, there should be but one bluff or place of if there is
landing, the owner can not appropriate such to himself exclu-
sively, if he will not be damaged by the admission of others to its
use,, or, if damaged, he is properly compensated therefor; but no
person shall be entitled to use the wood-slide or other improve-
ment erected for one's own use, nor timber landing, while he is
using it.
§ 769. When the applicant for a private way desires also to use The use
another's landing, he must so state in his petition, that proper finmng^^^^V
damages may be assessed therefor.
154 PT. 1.— TIT. 6.— CHAP. 5.— County Organization.
Article 6. — Mining.
§ 770. If a private way is established and there is an omission
Omission to to have considered the damages for using such, it maybe done
assess dama- ■ ^ o y j
s^^- afterwards if within a reasonable time.
§ 771. When a private way is once established, it is in the
vSd inTo^'a P^^^®^ ^^ *^® Justices of the Inferior Court to declare it a public
public road, road, provided it is of sufficient length and importance, and the
number of persons who habitually use it can and will do as much
work thereon as is their proper share, in w^orking the same alone
or in connection with adjacent public roads.
ARTICLE VI.
MINING.
Section. [ Section.
772. Eight of way for miners. 774. Diversion of water courses.
773. Return, of award. | 775. Rendition of award.
§ 772. [In all cases where any partnership, corporation, or indi-
Eisht of vidual, may be hereafter actually engaged in the business of
way to mln- ... i n i n i i •
iiig compa- mining iron, copper, gold, coal, or any other useiul metal or min-
eral, or in making copperas, sulphur, saltpeter, alum, or other
similar articles of utility, and such partnership, corporation, or
^ individual, shall be of the opinion that it is necessary to the suc-
cessful operation of their works that they shall have the right of
way for either a railroad, turnpike, or common road of travel
across the land of others, upon failure to agree with the owner of
the lands across which such right of way is desirable, to have
iTecessity botli the nccossity and value of the same settled, as follows : The
how settled. Said Corporation, partnership, or individual, shall select one per-
son, the owner of the land another person, and any one of the
Justices of the Inferior Court of the County where the land lies
shall be the third man, who, together with the two chosen as
above provided, shall summon the parties and such witnesses as
they may deem necessary to appoint, after reasonable notice, and
after fully hearing evidence and reasons on both sides, they shall
decide both as to the necessity of the right of way and the value
of the same.] (a)
§773. [They shall return their award to the next Superior
Court of the County where the land is situated ; whereupon, the
(a) Acts of 1863^, pp. 171-3.
PT. 1.— TIT. 6.-— CHAP. 5.— County Okganization.
155
Article 6.
-Mining.
Assessment
of damaees.
same shall be made the iudgment of said Court, binding and con- Award to
, . be returned
elusive upon both partie^, unless then and there set aside for rea- to superior
son now applicable in other cases of arbitration.] (a)
§ 774. In all cases where it may be deemed desirable and ne- May divert
■ v_^ ^ . f. . ^ n water cour-
cessarj to divert any water course from its usual channel, for any ses.
of the purposes specified in Section 772, it shall be lawful to
organize the board of arbitrators, as provided in said Section 772,
whose duty in relation to the same shall be to decide both as to
the necessity of diverting the water course, and who are damaged,
and how much. It shall be the duty of the arbitrators to sum-
mon before them all the parties interested in the question, and
to return their award to the Superior Court as provided in Sec-
tion 773, subject to be there set aside for reasons now applicable
in other cases of arbitration ; otherwise to stand as the judgment
of the Court.] (a)
§ 775. [It shall be the duty of the arbitrators in all cases aris-
ing under the provisions of this Article to make return of their right of ap-
peal.
award on the first day of the Superior Court held thereafter, in
the County where the same is awarded; and at such time all and
any of the parties affected thereby shall have the right of appeal
to said Superior Court, provided such appeal is entered within
four days from the time said award is filed; the said appeal to be Appeal-
entered and disposed of under the same rules and regulations ed of.
which now govern other cases of appeal.] (b)
Eeports of
CHAPTER VI
THE COUITTY POOR.
Section*.
776. Paupers. ,
Poor House.
Pauper farms.
Tax to buy farms.
Regulation of farms.
Workshops, etc.
Commissioners of the Poor,
Receipts, disbursements, amounts.
784. Applications by the poor, etc.
785. Who are considered paupers.
777.
778.
779.
780.
781.
782.
783.
Section.
786. Parents and children bound, etc,
787. Certificate of the Clerk.
788. Burial of paupers.
789. Persons removing paupers.
790. Such persons being insolvent,
791. Paupers left by companies, etc.
792. Security required, etc.
793. Bond filed with Clerk Inferior Court.
794. Party failing to give security.
795. Pauper found to be a lunatic.
§ 776. The general supervision of all paupers is vested in the paupers.
Justices of the Inferior Court of each County.
(a) Acts of 1863-3, pp. 171-2. (b) Acts of 1862-3, pp. 171-2.
156 PT. 1. — TIT. 6. — County Organization.
Chapter 6. — The County Poor.
§ 777. They have authority to purchase lands for a Poor House,
Poor Houses the title thereto vesting in the County, or to rent improvements
for such purpose^ or to board out the poor and to make ail neces-
sary contracts in relation to them.
§ 778. [Upon the recommendation of the Grand Juries of their
Pauper rcspectivo Counties, said Justices shall have power and authority
fcirm s •
to purchase a house and farm in their respective Counties, upon
which farm they may require all paupers in said Counties to labor
who are not, from old age and disease, unable to work.] (a)
§ 779. [The said Justices have authority to lay and collect a tax
Tax. fo^ ttie purpose of purchasing said house and farm.] (a)
§ 780. [They are also authorized to establish all necessary rules
Eeguiation and regulations in the management of said farms.] (a)
§781. [They are farther authorized to establish any workshops,
Workshops, any school-houses, or churches on said farms, as they may deem
proper, and may do any and every thing necessary to be done, in
carrying out the provisions of this and the three Sections imme-
diately preceding it.] (a)
§ 782. They shall, if necessary, appoint a Commissioner of the
Oommis- Poor, and the money arising from the poor tax shall be paid into
sionersofthe t > i t ■, -, r^ n^ ^ ^ • i • n
Poor. nis hands by the County Treasurer on orders granted m his lavor
by such Justices, or in favor of any other person.
§ 783. Whoever receives and disburses such fund must once in
Eeceiver cvcry year, at the time such Justices may order, or oftener if
and disbars- , . ii- iii i n ^
er. they require, make up his accounts and lay the same beiore them,
who shall allow or disallow, and whenever there is a deficiency or
Ma berui li^^^^^^J ^^'^ the part of such person he may be ruled for the
^^- amount as an ofiicer of Court.
§ 784. Application to be provided for as a pauper may be made
Application at any time to the Commissioner of the Poor, a Justice of the
t o ^wTom Inferior Court or a Clerk of such Court, upon which a hearing
must be had, with the least possible delay, by the Justices, and
the person to whom such application is made is authorized to pro-
vide for such applicant as other County poor until the hearing is
had.
§ 785. No person shall be entitled to the benefits of the provi-
who are sion for the poor who is able to maintain himself or herself by
paupeis. ;[g^]3Qj.^ qj. ^f tqqj^^ j^r^g snfficient means, and in cases where females
(a) Acts of 1865-6, p. 230.
PT. 1 TIT. 6.— County Orgahizatio^s. 157
Chapter G. — The County Poor.
are unable to maintain themselves and the helpless children they
may have also, they may be aided to the extent required in the
furnishing of food, clothing, oj: shelter.
§ 786. If any such person has father, mother, or child of suffi- Parents
and children
cient ability, he or she must be supported by them, and failinfj; so i'""»d to
" ^ -^ ^ _ '^ _ ^ ° support each
to do, any County in the State, having made provision for such other.
persons, may sue persons of full age standing in such relation to
them, and recover for the time such County has made provision
for such person ; always provided, the person sued was possessed of
such ability.
§ 787. On the trial the certificate of the Clerk of the Inferior certificate
Court that the person was poor and unable to sustain himself, evidence.^'^
and that he was maintained for such a time at the expense of the
County, is presumptive^evidence of such maintenance and the costs
thereof.
§ 788. [Whenever any free w^hite person shnll die in this State, Paupers—
whose family and immediate kindred are indigent and unable to
provide for the decent interment of such deceased person, and
where the deceased is a pauper, and destititute of the means of
paying for a decent interment, the Justices of the Inferior Court
of the County where said death shall occur are authorized, and it is
hereby made their duty, in case there be any pauper funds belong-
ing to the County unexpended, to appropriate a sufficient amount
thereof to provide a decent interment for such deceased pauper ;
or to reimburse such person as may have expended the same vol-
untarily; said appropriation not to exceed what is necessary to Amount of
defray the ordinary funeral expenses of persons dying in humble tSu."^^^^
circumstances in this State.] (a)
§ 789. When any inhabitant of any County, city, town, or vil- Persons re-
-, . n 1 a 1 /-H • ^ ' moving pau-
lage, m or out oi the otate, sends a pauper to some County in this persperson-
ci 1 • 1 c • t 1 ^^^y respon-
btate, by paying the expense oi transportation, or otherwise has siwe.
him removed for the purpose of burdening some other community,
the person so engaged shall be personally liable for the support of
the pauper in the County where he locates.
§790. If the person so engaged in transporting a pauper is in- suchperson
solvent or does not respond to such demand from any cause, the y^Jrft ^Th^e
County from which the transportation took place shall be liable. SaWe!^ ^^
§ 791. If any person commanding any vessel, or the manager
(a) Acts of 1863-4, p. 60.
158 PT. 1.— TIT. 6.— County Organization.
Chapter 6. — The County Poor.
Paupersieft or proprietor of any theatrical circus, or any other migratory
by migrato- ij ' .
ty compa- compaiiy, or tneir agents, or any person passing or moving
through this State, shall bring and leave or abandon herein, any
infant, lunatic, maimed, deaf and dumb, blind, aged or infirm
person, who is or is likely to become chargeable to the County, he
may be brought by warrant before any judicial officer.
§ 792. If such officer is satisfied that such person is or will pro-
May be re- |)a]3lj become such charge, he must require such person to enter
give bond, i^to bond, payable to the Governor of the State and his succes-
sors in office, with sufficient securities, resident in the State, for
the sum of five hundred dollars, for each of such persons so
brought, conditioned to pay all such expenses, as any County in
the State may lawfully incur in their support.
§ 793. Said bond must be filed in the Clerk's office of the
Sucii bond Inferior Court of the County where the paupers are at the time
must be filed ^ , "^ _ ^ r r
^^ Clerk's of its cxecution. and upon condition broken may be sued on and
office of the ' '^ ^ "^
the infeiior pecoveries had, until exhausted in different actions in behalf of
Court. ^
any County or person who may have properly contributed to the
maintenance of such pauper.
§ 794. On failure to give such bond, such person must be com-
Failure to mitted to iail until it is done, or until the next term of the Supe-
iErive bond. %) '
rior Court of the County, when, if not done, or he does not take
May be fin- carc of Said paupcr and pay all costs, he is guilty of a misde-
dred dollars, mcauor, and, on conviction, shall be fined five hundred dollars?
and, in default thereof, shall be imprisoned ninety days.
§ 795. When a pauper is found to be a lunatic, idiot, deaf and
Lunatics, dumb, or blind, they must be dealt with according to the laws re-
lating to them. .
PT. 1.— TIT. 7.-^CHAP. 1.— Public Revenue. 159
Article 1. — Persons and Property Exempt
TITLE VII.
PUBLIC REVENUE.
CHAPTER L
TAXATION BY THE STATE.
Article 1. — Persons and Property JSxe7npt.
Article 2. — Si/stem of Taxation — Persons and Property Taxed*
Article 3. — Taxes on BanJcs, Railroads, etc.
Article 4. — Taxes — liow Returned and Collected,
Article 5. — Proceedings against Delinquent Tax Payers,
Article 6. — Pelinquent Collectors and Receivers, etc.
Article T. — Tax Receivers, ^
Article 8. — Tax Collectors,
Article 9. — Compensation of Collectors and Receivers.
Article 10. — Miscellaneous Provisions,
ARTICLE L
PERSONS AND PROPERTY EXEMPT.
Section 796. Persons and property exempt from taxation enumerated.
§ 796. The following persons and property are exempt from Property
exempt from
taxation : taxation.
1. All property specially exempted by the Constitution of the
United States or of this State.
2. All lands, mines, and minerals belonging to this State or
the United States.
3. All buildings erected for and used as a college, incorpo-
ated academy, or other seminary of learning.
4. All buildings erected for and used for public worship, or for
school houses, or both.
5. All Court Houses, Jails, or other County buildings.
6. [All public buildings owned by any incorporated city or
town in this State.] (a)
(a) Acts of 1862-3, p. 180.
160
PT. 1.— TIT. 7.— CHAP. 1.— Public Revenuk
Article 1. — Persons and Property Exempt.
7. All poor houses, alms houses, houses of industry, and any
house belonging to any charitable institution.
8. The real and personal estate of any public library, and that
of any other literary association.
9. The several lots and buildings attached to the five last men-
tioned exemptions, including all necessary furniture belonging to
each.
10. All books and philosophical apparatus, and all paintings and
statuary of a company or association kept in a public hall, not
held as merchandise or for the purpose of sale.
11. All stocks owned by the State, or by literary or charitable
institutions, for the legitimate purpose of such.
12. All plantation and mechanical tools, and all household
and kitchen furniture, not above the value of three hundred dol-
lars, not held for sale or as merchandise.
13. All poultry, and two hundred dollars in value of other
property, besides the special exemptions, but which latter do not
obtain in favor of non-residents.
14. All annual crops and provisions, all fire-arms and all mu-
nitions, and all wearing apparel not held as merchandise.
15. All owners of stocks in any incorporated company liable
stockhoid- to taxation on its capital for such stock shall not be taxed as in-
e r s — \v hen •■•
exempt. dividuals. As to County tax, see Section 488.
16. All places and monuments of the dead and implements of
burial.
17. The property of revolutionary soldiers and their widows,
to the value of one thousand dollars.
ARTICLE 11.
SYSTEM OF TAXATION, AND PERSONS AND PROPERTY TAXED.
Sectiox.
797. Taxable property — what.
798. Bonds, notes, and other obligations.
799. Lands held by warrant or ungranted.
800. Lands, etc., held by non-residents.
801. Taxable property — assessments.
802. Assessments — when and by whom.
803. Amount of taxes to be assessed,
804. Tax— in what funds to be paid.
Section.
805. Default and insolvent list.
806. Specific taxes— items enumerated.
807. Property specifically taxed, etc.
808. License to exercise a privilege.
809. Taxes to be paid before other debts^
810. Conveyances and judgments, etc.
811. Person to whom conveyance is made.
§797. All real and personal estate, whether owned by indi-
Taxabie viduals or corporatious, resident or non-resident, are liable to
taxation, unless specially exempted.
PT. 1.— TIT. T.— CHAP. 1.— Public Revenue. 161
Article 2. — System of Taxation, and Persons and Property Taxed.
§ 798. Bonds, notes, or other obligations for money, on persons Bonds,notes,
etc., of uon-
in other States, or bonds of the United States, or of other residents,
bonds of oth-
States, or bonds of corporations of other States, and shipping, erstates,etc.
are the subjects of return and taxation in this State. ^^'
§ 799. All lands held under warrants and certificates, but not ungranted
granted, are liable to taxation, and all monied or stock corpora- stock corp°o.
tions, unless exempted or differently provided for in their charters,
are liable to taxation upon such capital stock as other property.
§ 800. Lands or other property belonging to citizens of the Non-resi-
. ., f 1 • c\ 1 11-1 ^®°* owners
United States, not resiaent oi this otate, can not be taxed higher subject to
. ° same tax as
than the property of residents, but all the property of such non- citizens,
residents, whether their property be real or personal, in this State,
tQust pay taxes on the same herein.
§ 801. All property, or other thing of value subject to taxation. Taxable
must be given in by the tax payers as hereinafter set forth, at its br^SsJssed
ft . -, ', 1 , T -,. . , ad valorem^
lair market value, and must be taxed according to its value on an and by
assessment to be made by the Governor, which must not exceed
one-eighth of one per cent, per annum, without the assent of the
General Assembly. ,
§ 802. Such assessment must be made each year as soon as the Assessment,
. -Ill -If wben and by
.value 01 the taxable property is substantially known by the whom made.
Comptroller General, who shall assist the Governor in making
the assessment, and immediately send written or printed notices
to each Tax Collector, of the Governor's order, and publish also
a copy thereof for the space of thirty days, in some public gazette
at the seat of Government.
§ 803. The amount of taxes assessed shall not exceed the actual Amountof
annual wants of the State Government, exclusive of the commis- assessed!
sions of Collectors and Receivers, and any other expense that may
be lawfully incurred in assessing and collecting them.
§ 804. Taxes must be paid in gold or silver, or in the bills of How paid.
such banks as pay specie promptly, unless specially excluded by
law or otherwise directed by the Governor.
§ 805. In netting the digest the default list shall be deducted Default and
for the Receivers, and the insolvent list for the Collectors. usts.
§ 806. Besid es the ad valorem tax, the following specific taxes shall specific
be assessed per annum, and estimated in fixing the rate per cent :
1. Practitioners of law, physic, and dentistry, five dollars each.
2. Daguerreian, ambrotype, photographic, and similar artists,
five dollars.
11
162
PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue.
Article 2. — System of Taxation, and Persons and Property Taxed.
3. Every free white person between the ages of twentj-one and
sixty, twenty-five cents.
4. To carry on the business of an auctioni^er, ten dollars.
5. To keep a pool or billiard table for public play, twenty-five
dollars.
Bagatelle g. Tq keep a bagatelle table for public play, ten dollars.
7. To keep a ten pin alley, or alley of like kind for public play.
Ten pin ,-,.-, -^ ^ "^ ' "^ ^ r J7
alley. ten aoilars.
8. To keep any other table, stand, or place, for any other game
table with or or play, with or without a name, unless for exercise or amusement
name. Only, and not prohibited by law, ten dollars.
AuctioneerB
table,
9. To keep a public race-track, fifty dollars.
Property § ^07. Where persons are taxed specifically for keeping a bil-
tSed^^no"t Hard or pool table, bagatelle table, or ten pin alley, they need not
give in the value thereof.
to be re-
turned.
License— § 808. No asscssmeut or payment of tax to the State is to exoner-
sary after atc the pcrson from taking out license from the County, or city, or
payment of . . . • i i i t
tax. incorporated town, m cases where they are required by law so to do.
V* r ■/ Taxes to
/ and property whatsocver, and the property returned or held at the time of giving
( always sub- . . i • ,
\^ct. in, or alter, is always subject.
Conveyanc-
es and judg-
^^^.^^ * p^y*'. property of any kind, made to avoid paying taxes, or judgments
es^ void.*^^ procured to be rendered for the same purpose, are null and void.
§ 811. The person holding such property, or to whom such
Donee, etc., conveyancc may be made, is liable for such taxes, and the property
bie. also, whenever found, no matter in vfhose possession it may be.
809. Taxes shall be paid before any other debt, lien, or claim
810. All deeds of gift, mortgages, sales, and assignments of
ARTICLE III.
TAXES ON BANKS, RAILROADS, AND OTHER CORPORATIONS.
Section.
812. Banks, etc. — how taxed.
813. Railroads and other corporations.
814. Private banks and bankers.
815. Special provisions for railroads.
816. Foreign banks— agents.
Section.
817. Foreign insurance companies.
818. Express companies.
819. Lotteries.
820. Illegal sale of lottery tickets.
821. How contested by defendant.
§ 812. The several banks, or other corporations in this State
Banks— having banking privileges, shall pay a tax annually of forty cents
on every hundred dollars of the highest amount of their capital
stock paid in within the limits of their respective charters.
§ 813. The several railroads and other incorporated or unincor-
porated companies of every kind, except banks which are not
YT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 16B
Article 3. — Taxes on Banks, Railroads, and other Corporations.
exempt by their charter or otherwise, or for which there is not a Taxom-aii-
-in • n '1 ^ ^ roads and
different method of taxation speciallj prescribed, pay the same other com-
rate per cent, upon the whole amount of their capital stock paid in
as is levied on other capital, together with the same rate per cent,
upon their net annual profits.
§ 814. The provisions of the preceding Sections apply to private banke^sret?
bankers, brokers, or exchange merchants.
§ 815. The several railroads, by whose charters a higher tax is when^to^^p^
forbidden, and such as are now or may hereafter be in operation one per cent
that do not pay a dividend exceeding six per cent., shall pay only
one-half of one per cent, upon the net annual income of each,
until they pay a dividend of eisrht per cent, per annum, in which when oth-
*^ ^ "^ o 1 ^ i. ^ y erwise taxed
shall be included the reserved fund, at which time they are to be
taxed as other capital.
§816. Every agent of any forei2;n bank or individual not a ,, ^g^nt
'^ ... ^^ foreigji
citizen of this State, doina; business herein, with or without an^^^^^ .^^^
' o y non-resident
office, or through a citizen of this State or other person, shall pay ho\v t^xed~~
the same rate of tax as is imposed upon the chartered banks upon
one-third of the highest amount of loans or paper discounted, or
exchange purchased by him and running to maturity at any one
time during twelve months immediately preceding such returns,
together with the same rate per cent, upon the net annual profits
of the agency.
§ 817. All insurance companies out of this State, doins; business Tax on for-
herein, shall pay one per cent, upon premiums received. anc? com-
^ ^ '^ i- A A ^ panics.
§ 818. Every express company doing business in this State shall
pay a tax of one per cent, upon the gross amount of their profits compan?eT^
for each year on business done at offices in this State.
§ 819. Each manager of any lottery, if authorized by the laws on lotteries.
of this State, shall pay to the State Treasurer one thousand dollars
annually, free of all costs of collection.
§ 820. If any person makes affidavit that any one is selling lot- illegal sale
tery tickets without the authority of the laws of this State, the tickets —
*! . bow punish-
Tax Collector of any County shall issue s^ fi. fa, or ca. sa., or both, ed.
for the sum of one hundred dollars for each act, sworn to against
the offending person as tax executions are issued.
§ 821. The defendant may contest the collection of such process M.fa.xnay
as defendants in ordinary ^. /as. may.*^
*Laws to levy and collect taxes, being generally for one year only, and being
in their nature temporary and changing, are not inserted here. The reader is
referred to the Acts of the Legislature on that subject.
164
PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue.
Article 4< — Taxes-^how Returned and Collected.
ARTICLE IV-
TAXES — HOW RETUR^^ED AND COLLECTED,
823.
824.
825.
826.
827.
828.
Sectiok.
822. Return of banks, etc.— how made.
Other returns— to whom made.
Mines and farms — where taxed.
Mine or farm on County line.
Xon-residents.
Lands, etc., of non-residents.
Returns to Comptroller— how made.
829. In what funds taxes payable*
§30. Returns may be by agent.
831. Oath of agent.
832. By one of a firm suflBcient.
833. Who may administer oath.
Evidence of oath.
When Receiver must assess.
Proceedings thereon.
Who may complain of returns.
Oath of Assessors.
Defaulting tax payers.
Relief against double tax.
841, Defaulter's oath,
842. Blanks — by whom furnished.
Lands — how returned.
How entered in digest.
Digests — when and where filed.
Mistakes — how rectified.
Tax overpaid refunded.
Before reaching Treasury,
849. Doubtful cases.
850. Defaulters double taxed.
834.
835.
836.
837.
838.
839.
840.
843.
844.
845.
846.
847.
848.
Sectiox.
851. Double tax on property*
852. Double tax — how avoided,
853. Agent of non-resident liable.
854. When Collector must pay, etc,
855. insolvent list — how allowed,:
856. When allowed.
857. On what tax allowed,
858. Copy of list to be retained*
859. List must be recorded.
860. Comptroller may wait for list,
861. When not allowed.
862. New officers exciised.
863. When their liability attaches,
864. Collector's duty as to digests,
865. Further time may be allowed.
866. Taxes for former years.
867. Estates not liable — when.
868. Land maps to be made,
869. Digests of lands,
870. Lands returned by' number,
871. Improved lands — where returned.
872. Wild lands — where returned,
873. List of wild lands to be made,
874. List to be advertised.
875. Wild lands sold— when,
876. Owner maj' redeem.
877. Sale shall not affect minors, etc.
878. Additional clerk.
Eeturns and
taxes of
banks, etc.
Eeturns — to
whom made.
Eeturns
of mining
companies
etc.
§ 822. The returns of all banks, railroad, and insurance and
express companies, and agents of foreign companies, authorized in
this State, shall be made to the Comptroller General hj the first
day of May in each year, and the taxes thereof shall be paid to
the State Treasurer by the first day of October in each year.
§ 823. All other companies or persons taxed shall make their
returns to the Receiver of the respective Counties where the per-
sons reside or the office of the company is located, except in case
of mining companies and of persons who cultivate lands in Coun-
ties not their residence.
§ 824. Mining companies must make their returns in the County
where the mine is worked, and those who have such plantations
must make the returns for them, together with the stock and other
property employed thereon, in the Counties where they are re-
spectively situated.
PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 165
Article 4. — Taxes — how Returned and Collected.
§ 825. If there is a mine or plantation on the line between two Mine or
_^ ■ 111 plantation
Counties, and in two or more Counties, the returns shall be made on county
' ' _ line.
in the County where the improvements or most of the improve-
ments are.
§ 826. The provisions of the two preceding: Sections apply to Non-resi-
^ ^ . dents includ-
non-residents who hold such property in this State. ed.
§ 827. Lands and other property of non-residents must be re- EetumBof
turned and paid for in the County where the lands or other prop- den^s, etc!^"
erty are respectively situated.
The returns of all banks, or companies, or persons, re- Eeturns
, ^ r^ n/->i i !••• made to
quired to be made to the Comptroller (jrenerai, must be m writing comptroller
and sworn to by the presiding officer or agent of a foreign com-
pany to be a just, true, and full return of the capital stock, net
annual profits, or other property or effects, for which said bank or
company is subject to taxation by the laws of this State.
§ 829. Such payments must be made in the funds in which taxes Paymenir-
may be paid at the State Treasury, free of any expense to the
State.
§ 830. Returns of other companies and individuals may be made other re-
. turns — how
by themselves or accents to the proper Tax Receiver, by the first made ; tax—
•^ ^ r r 7 .; how paid.
day of July in each year, for property held and subject to taxa-
tion on the first day of April previously ; and payments to the
Tax Collector by the first day of October in each year.
§ 831. When anv of the oaths of a tax payer are taken by an oath of
" ^ '^ *' agent.
agent, there shall also, at the proper place, be inserted that he
does so as agent for a certain person or persons, or company,
naming them.
§832. Such oaths taken by any one member of a firm or unin- oathofone
'^ , , . partner snf-
corporated company without a presiding officer, shall be sufficient ficie^t-
as to said firm or company property.
§ 833. They are taken before the Tax Receiver, who is author- Oaths— how
ized to administer them ; but the oath of non-residents, females,
absentees, and sick persons, may be written out in full and taken
before any person authorized to administer an oath, and delivered
to the Receiver, who shall file such oaths in the office of the
Clerk of the Inferior Court.
§ 834. The entry in the digests of the tax payers' returns shall , Digest—
t/ o JT *' when evi-
hQ prima facie evidence of his having taken such oath, and if aftTforfeise
false, he is guilty of false swearing and is liable to be indicted ^^*^'
and to be punished therefor, as prescribed for other cases of false
swearing in the Penal Code.
166 PT. 1.— TIT. 7.— CHAP. 1.— Public Revextte.
Article 4. — Taxes — hovr Returned and Collected.
§ 835. Each return shall be scrutinized carefully by the Tax
In case of Receiver, and if in his iud^ment he shall find the property em-
false return o ^^ r r j
Tax Eeceiv- "braced iu the return, or any portion of it, returned below its
er to 'assess 7 »/ jr 7
yiane. yaluc, he shall assess the value at once or within thirty davs
thereafter.
§ 836. If such assessment is not made bj the Receiver in-
snbseqnent stautcr, he shall ^ivo the tax payer notice of his assessment,
proceedings. , j. .^
and in either case it shall be the tax payer's privilege to have it
left to three disinterested persons, one of whom he shall select,
the other shall be selected by the Receiver, and these two shall
select a third if they disagree, a majority of whom shall fix the
assessment.
§ 837. It is the privilege of any tax payer of the County
Property whcrc a rctum is made to complain to the Receiver at any time
returned be- , ^ , . t. . iii 'ii i
low its value before his digest is completed that any return is below the true
value of the property; in which case he shall notify the person
who made the return complained of, if practicable, verbally or by
writing, giving him the name of complainant and the ground af
complaint, and shall proceed to have a new assessment in the
terms of the preceding Secti^i.
§ 838. "Whenever such assessors are called in, they shall take
Oath of as- an oath before the Receiver to do justice between the parties at
sessors.
variance touching the true assessment of the tax return.
§ 839. "When a tax payer has been returned as a defaulter and
Defatating doublc taxcd, either by the Receiver or Collector, the Justices of
iiow 're- the Inferior Court are authorized to relieve the defaulter of the
lieved when
double tax- penaltv for default at the time said Justices allow the Collector
ed. -^ -^
his insolvent lists, provided that said tax payer shows to such
Justices, by satisfactory evidence, that either from providential or
other good cause he had not an opportunity to make his return
to the Receiver of Tax Returns, and at the time of such release
promptly pays his pro|>er tax and one dollar to the Collector as
his fee, the Collector shall promptly inform the Comptroller Gen-
eral of such release and the amount of taxes paid.
§ 840. All defaulters may at any time and for the same causes.
Defaulters bcforo the digost is made up and ready to be sent to the Comp-
edfromdou- trollcr, savo the double tax by likewise giving in to the Clerk of
the Inferior Court and paying him one dollar, who shall give a
copy of such returns instanter to the Receiver, and he shall enter
it in the several digests.
§ 841. The Clerk, in the cases set forth in Sections 839 and
PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 167
Article 4. — Taxes — how Returned and Collected.
840, shall require the tax payer to swear to the cause of his de- Defaulter's
lay, and shall state the same in the copies furnished the Comp-
troller or Receiver.
§ 842. The Comptroller General shall furnish all the Receivers oomptroi-
■•■_ ler General
of Tax Returns with a sufficient number of blank forms to con- 1() furaish
K e c e i V e rs
form to the tax laws, by which they shall make out their three ^lank forms,
digests, and each digest shall be of uniform size, and when re- Digests-
turned shall be bound and labeled.
§ 843. In making a return of taxable property, the person re- Return of
^ ° . . land — how
turning, when making a general return, shall give in each tract Q^ade.
or lot of land he may own, specifying its location by number,
district, and section, if known, the number of acres, if known,
and its aggregate value, in which must be included the value of
the buildings, machinery, toll bridges, ferries, or other improve-
ments thereon or appurtenant thereto.
§ 844. Such, too-ether with the returns of personal estate and Eetums—
, . tow entered
other interests the subject of taxation, must be returned and set in digests.
down in the digest in separate columns according to the classifica-
tion furnished the Receivers by the Comptroller General in each
year, and their aggregate value carried out, less the exemptions,
such being specified.
§ 845. The Receiver must make out three of such digests in a Number of
«... digests — to
fair and legible handwriting, and furnish, by the first day of Au- whom fur-
gust in each year, one to the Comptroller General, one to the
Clerk of the Inferior Court, and one to the Tax Collector.
§ 846. If a Receiver makes a mistake in his digest, it is the Mistakes
J r 1 n r^ . In— howcor-
duty of the Comptroller General, with the sanction of the Gov- rected.
ernor, to correct such mistake by making the necessary entries in
the digest furnished the Comptroller, and must in writing notify
the Clerk of the Inferior Court and the Tax Collector of the
County from which such digest comes of such mistake and correc-
tion.
§ 847. If, by reason of such mistake, or from any other cause, ^ax over-
\ '^ . . ' "^ ' paid to be
a tax payer's money is in the Treasury for a ejreater amount ^?^^P^^,<i
, , *^ . "^ ° when m the
than he is liable for, of which such officer is clearly satisfied, he Treasury.
may certify the same to the Governor, who shall, if he approves,
draw his warrant on the Treasurer in favor of such tax payer for
the proper amount, out of any moneys not otherwise appropriated.
§848. If such mistake is ascertained before the Tax Collector And before
. . T I . 1 m reaching the
has paid the amount into the Treasury, the Comptroller General, Treasury.
168 PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue.
Article 4. — Taxes — how Returned and Collected.
with the sanction of the Governor, shall authorize such Collector
to refund the amount, or if he has not collected it, to order him
to desist.
§ 849. When any similar cases arise which are doubtful in the
Doubtful opinion of the Governor, he shall refer the matter to the General
cases.
Assembly.
§ 850. If a person fails to make a return in whole or in part,
Defaulters Or fails to affix a value to his property, it is the duty of the Ke-
to be doubly , , , , . 1 , . -,
taxed. ceiver to make the valuation and assess the taxation thereon, and
in all other respects to make the return for the defaulting person
from the best information he can obtain, and having done so, he
\ ^^ shall double the tax in the last column of the dis^est ao;ainst such
defaulters, after having placed the proper market value or specific
return in the proper column ; [ and for the second year's default
the defaulter shall be taxed fourfold, and increasing in the same
ratio until a return is made.] (a)
§ 851. If there is taxable property, real or personal, in a
A Property Couuty, cxccpt vacant or wild lands, that to the satisfaction of
not returned -i-r*. ■, ^ iit-t • i
to bo doubly the lieceivcr, when he comes to conciude his dia^est, is not returned
taxed by Ke- i i i i
ceiver or by any person, and he does not know the owner or possessor, it
Collector. _^Ji ' ^ ....
is his duty to assess and double tax it, describing it particularly;
and the same power is conferred to the Tax Collector as to such
property, when not assessed or overlooked by the Receiver.
§ 852. If persons who are required to give in land in the
When de- Countics whcro situatcd fail so to do, they shall be liable only for
iSbfr^ for the real tax assessed by the Receiver, unless they fail to pay the
amount by the time required; in which event the Collector shall
collect the double tax and issue process therefor.
§ 853. All persons who give in property for persons not resi-
non-resi- dent in the State shall be personally liable for the taxes, as well
dents per- . , ^ ■*• "^
sonaiiy lia- as the principal and his property.
§ 854. The several Collectors must pay into the State Treasury
When Col- the taxcs of their respective Counties by the twentieth day of
lectors to ■ ^ .
pay taxes in- December of each year, and shall at the same time present their
to Treasury . . *^
and present insolvcut list, duly Certified to have been allowed them by the
insolvent hst ^ */ %>
Grand Jury, or the Justices of the Inferior Court if the Grand
Jury has not acted in the premises. *
§ 855. [Such insolvent lists shall be presented and allowed as
(a) Acts of 1863-4, pp. 49, 50.
PT. 1.— TIT. T.— CHAP. 1.— Public Revenue. 169
Article 4. — Taxes — how Returned and Collected,
follows: The Tax Collectors in every County shall, on oath, be insolvent
*^ . lists— how
obliged to lay before the Grand Jury or Inferior Court of each allowed.
County a list of such insolvents as may be in such County, who
shall allow or disallow the same.] (a)
§ 856. [The said Inferior Court or Grand Jury may at any insolvent
time before the fifteenth day of December in each year, allow said allowed.
insolvent lists, and such lists can be allowed or disallowed either
upon the list of names furnished by the Collector on oath as re-
quired in the preceding Section, or on fi fas with the proper
entries thereon.] (a)
§ 857. [The Inferior Courts or Grand Juries in making out On what
such lists shall be required to state how much is allowed the Col-
lector on account of the State tax, and how much is allowed on
the County tax.] (a)
§ 858. [When the.Collector shall have his insolvent list credited inferior
it shall be the duty of the Inferior Court or Grand Jury to retain tain a copy.
•^ . . *' . of list.
a copy of such list and direct the Collector to issue executions
for the same, and place them in the hands of some Constable of
the County for collection, who shall be entitled to the same fees
as he is entitled to for other executions, and two and one-half per
centum, and the balance shall be paid by the Constable to the
Clerk of the Inferior Court, whose duty it shall be to transmit the
same to the Treasury.] (a)
§ 859. When such lists are allowed they must be entered on the Disposition
minutes of the Court, and the Clerk thereof must furnish the iist when al-
lowed.
Collector certified copies thereof, stating in the certificate when
and by what tribunal allowed.
§ 860. [Whenever the Comptroller General shall be satisfied that comptroller
a Tax Collector has exercised due diligence in his efi'orts to have wait for in-
. ^ T n ' r^ solvent lists
nis insolvent list allowed by a Grand Jury or the Inferior Court, — i^ow long.
within the time prescribed by law, the said Comptroller General
shall be authorized, if in his judgment the public interests will not
suffer thereby, to wait with the Collectors fifteen and not exceeding
thirty days for said insolvent list before issuing fi. fa, for the
same.] (b)
§ 861. They shall not, under any circumstances, be allowed or when not.
credited with such lists after executions are issued ao-ainst them
for taxes, until they go to the Comptroller General and settle
fairly and fully with him.
(a) Acts of 1861, p. 80 ; Acts of 1857, p. 132. (b) Acts of 1861, pp. 80-1.
\
■J
1
\
170 PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue.
Article 4. — Taxes — how Returned and Collected.
§ 862. The time by which digests shall be completed and the
When taxes paid does not apply to Receivers and Collectors who have
time shall be ^ . r i ./
granted to not been in office Ions; enough to make such compliance, but in
Eeceivers o o 17
tSj ^°^^^*^" ^'^ such cases such officer must respond to the requirements of the
Comptroller General.
§ 863. Such officers are not liable for the penalties fixed for
Newly el- thosc rcgularlj elected, until the time allowed by the Comptroller
ceivers and General has expired, unless they have been so loner in office as
Collector to •'^ ' . "^ °
have time, would havc been sufficient for the regular officers.
§ 864. It is the duty of the Collector to examine the digest of
Collector the Receivcr, and if he knows of any default not entered, to make
schedule of a schcdulc of such in the same manner as done by the Receiver,
defaulters
and to dou- and of any other that he may then or afterwards learn, and of
ble tax the . "^ *^ '
same. their property, and assess a double tax in the same manner the
Receiver is allowed to do, one copy of which shall be furnished
to the Comptroller General to add to the digest in his office, and
another to the Receiver, who shall likewise correct his digest.
§ 865. And in other cases where any unexpected obstacles occur
Comptroller to Completing the digest or paying over the taxes within the time
General may ..... ^
allow fur- prescribed, it is in the discretion of the Comptroller General to
ther time. ^ ^ ^ ^
allow further and sufficient time.
§ 866. Receivers and Collectors are required to receive the
Taxes for rcturns and to collect the taxes thereon for former years, when
former years "^
—how re- any person or County are in default, which taxes shall be assessed
turned and "^ ■*■ *' '
collected, according to the law in force at the time the default occurred, and
shall be so specified in the digest.
tt -V ^ §867. The estate of any person shall not be liable for default
Estate not whcn Said person may have died before the time expired for giv-
liable for de- . . -^ *^ . , .
fault-when; ing in taxcs for the year, and the representatives or any heir may
and in no ^° ^ J ^ r J J
event to be giye in the same, and in any event, for that year, such estate shall
ed the first not be liable to double tax.
year.
§ 868. [The Surveyor General is authorized and required to have
Secretary published a sufficicut numbcr of maps of those lands which have been
of state to ^ . . ^ , . . ,
furnish maps survcycd as will enable him to furnish each Receiver with two, em-
bracing all the lands in his County, and one to file in the Clerk's
office of the Superior Court.] (a)
§ 869. [Each Receiver shall make a separate digest of all the
Digest of lots or parts of lots in his County which have not been returned
V. ' (except the same be in a town or city), and shall designate by ap-
(a) Acts of 18G6, pp. 166-7-8.
PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 171
Article 4. — Taxes — how Returned and Collected.
propriate letters, whether they be improved or unimproved lands. ^
He shall forward a copy of said digest to the Comptroller Gen- (j^/^ , '> i
eral's office. The improved lands not returned shall be assessed A ^ ^ \
and the tax collected as is now required by law.] (a) ' T )
§ 870. [It shall be the duty of the Receiver to require all per- Landstobe
^ L ./ i X returned by
sons making returns of land in his County to return the same by number, etc.
district, number, and section, if the lands have such designation ;
and where lands have no such designation, then by such descrip-
tion as will enable the Receiver to identify them. Receivers are
prohibited from receiving any return of lands which does not so > ^
designate them, and the Comptroller General is prohibited from
allowing any Receiver compensation or per centage for his ser-
vices who receives returns in any other manner.] (a)
§ 871. [All persons o\fning improved lands which have a tenant jandT^wtTete
or tenants thereon, shall return the same in the County where the ^^^^^^'^^^i-
land lies.] (a)
§ 872. [All persons owning unimproved or wild lands, in Coun- wild lands
ties without the County of their residence, shall be required to turned.
make returns of the same to the Comptroller General, or to the
Receiver of the County, where the land lies. Said returns may be (/Ll-
made by forwarding by mail or other safe conveyance to either of
said officers a statement, under oath, of the lands owned and the 1
value thereof; and when the rate of the ad valorem tax has been
fixed, and the collection of taxes ordered, the taxes due upon said
wild lands shall be paid to that officer to whom the return was
made.] (a)
§ 873. [When the several digests of the Receiver of Tax Returns comptroi-
of the several Counties of the State have been received, it shall list of unre-
. turned wild
be the duty of the Comptroller General to compare said returns ^^nds.
with each other, and to make out a comxplete list of all the unim- ^,^ c '
proved or wild lands not given in.] (a)
§ 874. [When such list is completed, the Comptroller General ^^^t to be
■-, ^' *■ advertised.
shall, for sixty days, make advertisement of the same in one news-
paper in each Congressional District, and require, in said publica- " . ^
tion, the owner of said lands to come forward and give in and pay ' /
taxes upon said lands, and in default thereof that said lands will
be sold. A copy of said list shall be furnished the Clerk of the
Superior Court of each County in the State, who shall post the
same in his office.] (a)
(a) Acts of 1866, pp. 166-7-8.
172
PT. 1.— TIT. T.— CHAP. 1,— Public Revenue.
Article 4. — Taxes — how Returned and Collected.
*>
§ 875. [On the expiration of the time of advertisement, the
■cnreturned Comptroller General shall issue execution acrainst all unimproved
wild lands to ^ .
be sold- lands not returned, assessing the value at the average value of
such land in the County where it lies, which execution shall be
directed to the Sheriff of the County where the land lies, and the
Sheriff shall forthwith proceed to advertise and sell the same un-
der the same rules and regulations as govern other Sheriff sales,
% and make his returns to the Comptroller General.] (a)
§ 876. [The owners of any lands thus sold for taxes shall have
Owner may the privilege of redeeming the same at any time within two years,
by paying to the purchaser the amount of his purchase money and
costs, together with interest at the rate of ten per cent, per an-
num thereon ; or on making satisfactory evidence of his title to
the Comptroller General, he may receive the purchase money, less
the amount of taxes due thereon and the cost expended in collect-
ing said tax.] (a)
§ 877. [No sale made under the 875th Section of this Code
Sale shall shall, in any way, operate to affect or defeat the title of any mi-
minors, etc. uor, idiot, or lunatic of this State to the land.] (a)
§ 878. If the duties which this act imposes upon the Comptroller
Additional General, in the opinion of the Governor, requires additional assist-
ComptroUer. aucc, the Govemor, is authorized to employ an additional clerk
in the Comptroller's office for that purpose.] (a)
a
ARTICLE Y.
DELINQUENT TAX PAYERS, AND PROCEEDINGS AGAINST THEM.
Section'.
879. Defaulting corporations.
880. Forfeiture of charter, etc.
881. Penalty where none is fixed.
882. Default tax on foreign corporations.
883. Penalty on lottery dealers.
884. Assessments in absence of returns.
885. Fi. fa. vs. corporation.
886. Fi. fa. vs. agent — how executed.
887. Duty of collecting ofl&cer.
888. Relief of one unjustly put in default.
889. Collector's fi. fa. — how issued, etc.
890. Fees of officers.
891. By whom and how executed.
Sectiok.
892. Authority of Constable.
893. Sales under tax fi. fas.
891. Excess— how disposed of.
895. Conveyance to purchaser.
896. Purchaser to have possession.
897. Property exempt from sale.
898. Claims — condition of claim bond.
899. Unreturned property— proceeding.
900. Owner may redeem land sold.
901. Tax fi. fa. runs to any County.
902. Penalty against defaulting brokers.
903. Defaulting corporations, etc.
§ 879. If any corporation, company, person, agency, or insti-
(a) Acts of 1866, pp. 166-7-8.
PT. 1.— TIT. 7.— CHAP. 1.— Public Eevenue. 173
Article 5. — Delinquent Tax Payers, and Proceedings against tliem.
tution, who are required to make their returns to the Comptroller jgj.^^^"gP*J^^^{
General, shall fail to return the taxable property or specifics, or to issue./-
pay annually the taxes for which they are liable to the State qu^ntg,'^^"''
Treasurer, the Comptroller General shall issue against them an
execution for the amount of taxes due, according to law, together
with the costs and penalties.
§ 880. The penalty against all such corporations shall be the Penalty
forfeiture of their charters, and it not chartered by this btate, linquent in-
corporations
then the immediate suspension of their business therein.
^ 881- The penalty or default tax on banks, railroads, and . Penalty
"^ ■•■ «^ ' ■' against cor--
other corporations, where there is no special provision, shall be p^^^^^^^^^s
three times the amount of their lawful tax.
§ 882. The penalty or default tax on foreign insurance compa- g^„^^^^^f^l
nies shall be five hundred dollars ; on foreisrn bank agencies, two 31 .1"?,T
thousand dollars; on express companies, ten thousand dollars. nie8,etc.
§ 883. The penalty on lottery dealers, if there should be any Penalty
, -^ *^ v' 5 ^ J a^rainst lot-
authorized by the laws of this State, shall be three times the tery dealers.
amount of the taxes assessed.
§ 884. When there is no return by which to assess the tax, the where
Comptroller General shall, from the best information he can pro- comptroller
■"• General to
cure, assess in his discretion. assess tax.
§ 885. The executions issued by the Comptroller General -Fl fas.
^ ^ issued by
against any bank or other company shall be directed to all and comptroller
sinoiular the Sheriffs and other lawful officers of this State, with against a
a ' Company — ■
directions to levy the same on the property of the corporation or er^etc^*^^*^*'
company, with power to issue and serve garnishments upon the
debtors of the corporation.
§886. The executions against agents of foreign institutions as Fi./as.m.
aforesaid shall be against the principal agent or his successor, ei}?n compa-
and shall authorize the officer to levy on all the property of the
agency, to seize its money, notes, or other eifects.
§ 887. When an officer collects money on such process, or on Money
any other issued by the Comptroller General, he shall, without above/./ae!
11 ' ^ 1*1 ft 1 to be imme-
delay, remit the same to nim by some safe and speedy method, diateiy sent
1P-1 -i-iii r./ ' toComptrol-
and on lailure to do so, is liable as he would be to other plaintiffs, ^^r General.
§888. When a person shall have lawfully returned and paid one wrong
his taxes in one County, and is treated as a defaulter in another d^efiuitlr —
for the same tax, or any portion thereof, the Grand Jury or the ed.
Justices of the Inferior Court of the County claiming the tax
may discharge said defaulter, which will exempt him from liability
1Y4 PT. 1.— TIT. 7.— CHAP. I.^Public Revenue.
Article 5. — Delinquent Tax Payers, and Proceedings against them.
for it, and shall authorize the Comptroller to credit the Collector
for the same, and the Governor to draw his warrant therefor.
§889. Executions for non-payment of taxes against persons
Tax Col- who are not required to pay to the Treasurer are issued by the
lector's >• pn, ^ n p t • • ^
/as. — when lax Collcctors of their respective Counties as soon as the last
and how is- _ ^
sued. day for payment has arrived, and must be directed to all and
singular the Sheriffs and Constables of this State.
§890. [Tax Collectors shall be allowed a fee of fifty cents for
Feeforis- issuino- tax fi. fas, .' but no Tax Collector, Sheriff, or Constable,
suing Tax Q J t/ y t ■> 7
ji.fas. shall receive costs on said fi. fas. unless the same be collected
from the defendant.] (a)
§ 891. Executions may be levied by either of the officers to
By whom whom directed, or other officer who by law may be authorized in
levied and . ' .
sales under, their placc : wlicn the principal amount does not exceed fifty
dollars, the levy and sale must be made by a Constable, and not
otherwise. If the Constable levies on land, it must be returned
to and sold by the Sheriff of the County.
§ 892. The Tax Collector may place his fi. fas. in the hands of
may^kvy in any onc Constablc of the County, who shall be authorized to col-
the County. Icct or Icvy the same in any part of the County.
§ 893. Sales under tax fi. fas. shall be made under the same
tax5-!?««^^ ^^•'^^^ governing other judicial sales.
§ 894. If there is any excess after paying taxes and all ex-
Excess— penses, it shall be immediately paid to the person authorized to
how paid. . .
receive it.
Deed made §895. The deed or bill of sale made by such officer shall be
at sale under ^ ^ _ •
tax 7?, /a. just as Valid to the purchaser as if made under the ordinary pro-
cess of law issuing from the Superior Court.
put^p?r°chas*^ § ^^^' ^^® officcr Selling has the authority to put purchasers
6ion ofTand' ^^ posscssion of land sold, as in other cases.
Property § ^^7. Property exempted from levy and sale ordinarily, is ex-
exempt rom gj3j^p^g(j from Icvy and sale for taxes.
§ 898. When property is levied on under a tax fi. fa. issued
bf^^^terTs^ either by the Comptroller General or Tax Collector, it may be
^^tfiev- claimed by a third person and tried in the same manner as other
L??t' to'^^gi^e claims are, except that the claimant shall give a bond and secu-
br?iaWe as ^^^J f^^' ^^^ cvcntual Condemnation money, and if found subject,
Eond.^^^^ such claimant and his sureties shall be in all respects liable as
on appeal bond.
(a) Acts of 1861, p. 80.
PT. 1.— TIT. 7.— CHAP. l.~PuBLic Revenue.
175
Article 5. — Delinquent Tax Payers, and Proceedings against them.
Property
not returned
§ 899. When property is assessed for taxes which has not been
returned by any one, as soon as assessed the Tax Collector shall ^ut assessed
J »i ^ to be sold or
at once issue an execution aejainst it for the amount due and costs, ^1^"^' «i'^r-
o ' plus paid
and the Sheriff shall advertise it for sale in some public gazette and^Sly^be
ninety days before the day of sale, and if by said day the taxes txvSl^nS
are not paid, it shall be sold, provided renting or hiring will not
bring the requisite amount. Whatever overplus there may be
shall be paid over to the Ordinary as a part of the Educational
Fund, with a statement of the property and account of sales, sub-
ject to the claim of the true owner within four years.
§ 900. Whenever any land is sold by virtue of a tax execution Land sold
•^ "^ _ ^ under tasj?.
issued under this Code, the owner thereof shall have the privilege /«• may be
' X o redeemed by
of redeeming said land thus sold within one year by paying the owner.
purchaser the amount paid by said purchaser for said land, with
ten per cent, premium thereon, from the date of the purchase to
the time of payment.
§901. If there is not sufficient property in the County where Tax^^./a.
the tax payer resides to satisfy the taxes, property situated in cminty. ^^^
any other County is the subject of levy and sale.
§ 902. If any broker, private banker, or exchange merchant, or Brokers,
their aojents, m this State, fail to return the amount of capital to return
, . •'• amount of
they intend to employ during the year, they shall pay a tax of ^^J'jf'^i ^^'^^^
five hundred dollars, to be levied and collected as. other taxes.
§ 903. Any incorporated or other company making default, Defuuiting
•^ -^ i e/ o -' companies.
shall be taxed by the Collector as such defaulters are by the
Comptroller General,
ARTICLE VI.
DELINQUENT TAX RECEIVERS AND COLLECTORS, AND PROCEEDINGS
AGAINST THEM.
Section.
904. Penalty for not completing digest.
905. Penalty for improper digest.
906. Penalty for useless digest.
907. Receivers' liability— how enforced.
908. Penalty for false digest.
909. Penalty for deceiving tax payer.
910. Altering digest by Collector.
911. Fi.fa. vs. Collector and sureties.
Section.
912. Amount of penalty.
913. Fi.fas. vs. Tax Officers.
914. How fi.fa- may be suspended.
915. Property bound from date of bond.
916. Sales under Jl. fas. vs. Tax Officers.
917. Collector must await digest.
918. Mustgive bond, etc., before he collect
§ 904. If a Tax Receiver fails to have his digest completed and
deposited by the first day of August .in each year, unless excused
/
176 PT. 1.— TIT. 7.— CHAP. 1.— PtJBLic Kevenue.
Article 6.-— Delinquent Tax Receivers and Collectors, and Proceedings against tliem.
Eeceiver bv the terms of the law or by the Comptroller General, he forfeits-
failing tO*^ 1,11 IPl. l-P
complete di- for everv week s delay, one-tenth of his commissions ; and if the
gest to for- -^ "^ ' '
feitcommis- delay extends beyond thirty days he forfeits one-half his commis-
Biona. . tJ J
sions ; and if beyond the time when the Governor and Comptroller
fix the rate per cent., he forfeits all his commissions,
§ 905. If he fails to make out his digest in the manner pre-
Faiiingto scribed by law, or to comply with the directions given him by the
perdigest,to Comptroller General, in so doing; he forfeits one-half his commis-
forfeit half . ^ ' °
comiuissions sionS.
§ 906. If such digest is made out so badly as not to answer the
Making a purposc of the tax laws, he forfeits all his commissions, and must
useless di- -^ .
gest, to for- be removed from office by the Justices of the Inferior Court, on
feit all com- •' '
missions and the rcQuest of the Comptroller General.
06 removed. -■■ '■
§ 907. If he receives commissions, which he is not entitled to
Becoming roceivc or retain, or in any other manner becomes possessed of
Indebted to . .
the State— any money belonginjgc to the State, or incurs any liability thereto,
process to*' *' . . . .
iss^e against the Comptroller General is authorized to issue execution or other
legal process against him.
§ 908. If a Receiver makes a false return in either of his di-
Making gests, cxpressivc of more than is returned, he shall forfeit to the
false return 'I'li iiiin i«r»i
to answer to party aofgrieved, m all cases, one hundred dollars, and ]i the
party ag' -^ "^ ^° ' . ' . '
grieved. amount out of which such party is defrauded by such return is
more than one hundred dollars, then ten dollars for every one dol-
lar over that amount, to be recovered by a qui-tam action.
§ 909. If, by any device, intentionally, he causes the tax payer
Liable for to pay morc than his lawful tax, the provisions of the preceding
deceiving
tax payer. bection apply.
§ 910. If any Collector, with fraudulent intent, alters the digest
Collector rendered to him, or any other of the digests of his County, he is
fraudulently ' '^ . . , „ , • i i i •
altering di- guilty of forgery, and, on conviction, shall be punished by impris-
of forgery, oumcnt in the penitentiary for not less than two nor longer than
ten years,
§ 911. If any Collector shall fail to settle his accounts with the
Execution Comptroller General in the terms of the law, he shall issue execu-
toissue-'- ■'
orfafiure^to ^^*^^ against him and his sureties for the principal amount, with
counts'!'''^''" the penalty and costs.
§ 912. The penalty is twenty per cent, per annum, upon the
Amount of amount retained, from the time of default until paid, which in-
cludes interest.
§ 913. All executions and other process against Collectors and
PT. 1.— TIT. 7.--CHAP. 1.— Public Revenue. 17T
Article 6. — Delinquent Tax Eeceivers and Collectors, and Proceedings against them.
Receivers must be directed to all and sino-ular the Sheriffs of this Fi.fas.
'-' against Col-
State, and must be executed by them, their lawful deputy, or other ^^^f^^'J'^^^^^
officer lawfully in their stead. executed.
§ 914. Executions so issued shall not be suspended or delayed Not to be
, 7-v, suspended,
by any judicial interference with them, but the Governor may sus- etc.
pend the collection not longer than the next meeting of the Gen-
eral Assembly.
§ 915. The property of Collectors, Receivers, and of their sure- Property of
. r i J 1 ^ ? Collectors,
ties, is bound, from the execution of their bonds, for the pay- Eeceivers,
ment of taxes collected and the discharge of their duties.
§ 916. The proceeding's in sellinsj property under such execu- Levy and
tions must be the same as under fi. fas. issued from the Superior^- /««., etc.
Court.
§ 917. If any Collector shall collect, or attempt to collect, any collector
taxes before the Receiver has completed and transmitted his di- taxes, etc.
gest to the Comptroller General, unless specially so ordered by
such officer, or allowed by special enactment, he forfeits to the
State double the amount so collected, or attempted to be collected,
to be recovered by execution issued by the Comptroller General.
§ 918. If any Collector collects, or attempts to collect, any tax collector
T p 1 1 • 11 111 notto collect
before he has 2;iven and had approved the necessary bonds and tax before
° ^ ^ , "^ giving bond,
security, and taken the oaths of office, he is guilty of a misde- etc.
meaner, and, upon indictment and conviction, shall be fined not
less than one hundred dollars, and, in addition, double the amount
so collected, and in default of payment three months' imprison-
ment in the common jail. The Governor may vacate the commis-
sions of defaulting Tax Collectors, or of Tax Receivers failing Governor
or refusing to do their duty, and in such event the vacancy shall SmilsSon?
be filled in the manner prescribed for other vacancies.
ARTICLE YII.
TAX RECEIVERS.
Section.
919. How Receivers are elected, etc.
920. Vacancies — how filled.
921. Receiver's oath.
922. Liability on bond.
923. Receiver's duties specified.
924. His failure to advertise no excuse.
Section.
925. Penalty for refusing return.
926. Party refused, etc.
927. Clerk must forward returns.
928. Claim of right to assess — no refusal.
929. Receiver's pay from County.
§ 919. Tax Receivers shall be elected on the first Wednesday in
12
178 PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue.
Article 7. — Tax Keceivers.
Tax Ee" Januarj of each year, for tlie term of. one year, and are comnjis-
eiected,etc. sionod and qualified as Clerks of the Superior Court are.
§ 920. Yacancies are filled as vacancies for such Clerks, but if
^'^acancies there is not time to fill the same by the first day of May in each
year by election, the Justices of the Inferior Court shall appoint
one, who shall discharge the duties of the office for the balance of
the year.
§ 921. Such Receiver, whether elected or appointed, before
Eeceiver's entering on the duties of his office, besides the oath required of
all civil officers, must take and subscribe the following oath:
"I swear that I will truly and faithfully perform the duties of
Receiver of returns of taxable property, or of persons or things
specially taxed in the County to which I am appointed, as required
of me by the laws, and will not receive any return but on oath or
affirmation, and will, before receiving returns, carefully examine
each, and will, to the best of my ability, carry out all the
requirements made upon me by the tax law. So help me God."
[He shall also at the same time give bond and security in a
Shall give gum cQual to oue-lialf of the amount of the State tax, supposed
bond and se- ^ 7 r r
curity. -^o })q due from the County, for the year in which he shall give
bond; the amount of said bond to be filled up by the Comptroller
General before being sent out to the several Counties from the
Executive Office.] (a)
§ 922. Receivers and their sureties are liable on their bonds for
Liability all penalties or forfeitures they may incur under the law, and for
of Receivers, ^ ./ t/ 7
etc. all losses, or damage, or expense the State may sustain by reason
of their conduct.
§ 923. It is his duty—
Duties of 1* To receive all returns of taxes within the time and in the
umSated.^^ manner prescribed by law.
2. To make out and perfect the three digests in writing and
figures plainly, legibly, and neatly, and to properly deposit them.
3. To give ten days' notice in writing of the several times
and places at which he will attend in the several Militia Districts
of the County, for the purpose of receiving tax returns.
4. To attend at such place at least three times during the time
allowed in which to make returns.
5. To keep a standing advertisement as to the day or days
when he will be at the County site for such purpose.
(a) Acts of 1863-4, p. 134.
m
m
PT. l.~TIT. 7.-- CHAP. 1.— Public Revenue. 179
Article 7. — Tax Receivers.
6. To receive tax retLirns at any time wlien a tax payer applies
to give in.
7. To embrace in his digest to the Comptroller General, the
Clerk of the Inferior Court and the Tax Collector, respectively,
a list of all defaulters, and the amount of their true and double
tax, and of all property assessed by them and returned by no
one, or other special action had in conformity to the laws.
8. To publish at the door of the Court House for thirty days
lists of all the defaulters and the amount of their double taxes.
9. To take from each tax payer resident of the County at the
time of receiving his tax returns the number of his own children
between the ages of six and eighteen years, and those for whom
he is guardian, and enter the same in the proper place and column
in the digests.
10. To assess upon the digests deposited with the Clerk of the
Inferior Court the County taxes according to law, and the rate
per cent, levied by the Justices of the Inferior Court.
11. To conform to such rules as he may be furnished with, and
to obey such orders as may be given by the Comptroller General.
12. To perform all other duties that the law requires, and
which necessarily under the law appertain to his office.
§ 924. It shall not be an excuse to any person for not making Negiigenee
^ , . , , . , 1 T-> • 1 T 1 ^^ Keceiver,
a return oi his taxes as the law requires, that the KeceiTer should etc.
fail to advertise or fill his appointments.
§ 925. If any Receiver refuses to receive any return of taxes Eefusai of
IiBCGiv6r to
when properly tendered, and in presence of a witness, and in the receive re-
time the law requires, he is guilty of a misdemeanor, and on in-
dictment and conviction, shall be fined not less than fifty dollars.
§ 926. The person whose return is thus refused may save a ^^^ whose
^ i- tJ return has
double tax by making his return to the Clerk of the Inferior Court, ^"^^ been re-
J o ' ceived, etc.
together with an affidavit in writing that he tendered said return
to the Receiver, stating the time when, place where, and persons
present, and that it was refused.
§ 927. Such Clerk shall forward a copy of said return and affi- tum'ifmade
davit to the Comptroller General instanter, and retain the orio-inals, ^^JfT\ f,
for which he shall be entitled to one dollar from the tax payer. ^^'^^^"
§ 928. The claim of the Receiver to assess a tax payer's prop- f^^ ,'^^["^2'
erty is not a refusal to receive a return. ^''^•
§ 929. The County shall pay the Receiver one-half of what the ^^^^^l^^'^
Collector gets for collecting the County tax.
180 PT. 1.— TIT. T.— CHAP. 1.— Public Revenue.
Xtm ^ ■ — ■ ■
Article 8. — Tax Collectors.
ARTICLE VIII.
TAX COLLECTORS.
Section.
930. Election and qualification.
931. Vacancies — how filled.
932. Collector's oath.
933. Collector's bond.
934. Bond for County tax — ^how approved.
Section.
935. Mvist give bond before he collects.
936. County Collector appointed — when.
937. Collector's duties specified.
938. His failures no excuse for others.
§ 930. Tax Collectors are elected at the same time, in the same
Election, manner, for the same term of office, and are commissioned and
commission
of Tax Col- qualified as Tax Receivers.
lectors, etc. -*•
§ 931. Yacancies are filled as they are in the office of Receiver,
Vacancies and Section No. 920, respectins; Receivers, applies to Collectors,
—h«>w filled. ? r & ? rr >
except so much thereof as fixes the first day of May, and in lieu
thereof for Collectors the first day of August shall be the time.
§ 932. Before entering on the duties of his office, besides the
Collector's oath required of all civil officers, he shall take and subscribe the
following oath :
-, Tax Collector of the County of
do swear
that I will faithfully discharge the duties required of me by law
as Tax Collector, and that I will search out and make a true return
of all defaulters, polls, professions, and all taxable property not
found on the Tax Receiver's digest, or not returned to the Clerk
of the Superior Court by the fifteenth of August, and that I will
pay over all taxes collected by me as required by law. So help
me God."
§ 933. [He shall also give bond and security for thirty-three
Amount of and one-third per cent, more than the State tax supposed to be due
bonds and ■*■ . . . -,
their condi- from the Couutv for the vear for which said officer is required to
tions. t/ •/ A
give bond, the amount of the bond to be filled up by the Comp-
troller General before being sent out to the County from the
Executive Office,] (a) and shall give another bond with sufficient
security, payable to the Justices of the Inferior Court, conditioned
for the faithful performance of his duties as Collector of the County
tax, in a sum to be fixed by such Justices.
§ 934. Such bond for County taxes when given must be approved
Approyed bv three Justices of the Inferior Court, filed in the office of their
by Inferior
Court. Clerk, recorded in the book with other official bonds, and in ail
respects is an official bond.
(a) Acts of 1863-4, p. 124.
PT. 1.— TIT, 7.— CHAP. 1.— Public Revenue. 181
Article 8. — Tax Collectors.
§ 935. Tax Collectors shall not collect any portion of the County Bond tobe
"^ , . , given, etc.
tax until such bond is given, and if they fail to give such a bond,
or one satisfactory to such Justices, they may appoint some com-
petent person to collect the County tax.
§ 936. When such an appointment is made, the person appointed ©uty of
. iiT . ' 1 n rr\ r^ ^^ ii person 60 ap-
shall give such a bond as is required oi a lax Collector, and ne pointed.
shall take an oath faithfully to collect and pay over the County
tax, and in all respects shall have the same privileges, discharge
the same duties and incur the same penalties as the Tax Collector
would in collecting the County tax.
§ 937. It is the duty of the Tax Collector—
1. To diligently collect and promptly pay over in the funds ^^^jJJ®^**^'''!
allowed by law the State and County taxes to the Comptroller »i«™ted.
General and the County Treasurer respectively.
2. To search out and ascertain as far as possible all polls and
professions, and all taxable property not returned to the Receiver
or not found in his digests.
3. To enter all of such defaults in a book kept for that purpose,
to assess and collect thereon a double tax and pay the same over
to the Comptroller General and County Treasurer respectively,
after deducting [single] (a) commissions, and to deposit said book
with the Comptroller General, and a copy with the Clerk of the
Inferior Court, before the day of final settlement.
4. To have his insolvent lists allowed in the manner required
by law before final settlement with the Comptroller General.
5. To issue executions against all defaulters and insolvents, and
place them with the proper officer for collection.
6. To give notice of the time and places of his attending to
collect the taxes, and of the days he will be at the Court House,
and there to attend during the time for collection as required of
the Receiver.
7. To publish at the door of the Court House, for thirty days,
his insolvent lists, including the taxes of each person thereon.
To furnish to election managers of the County lists of all persons
who have not paid their taxes.
8. To pay the Receiver his commissions, upon the production
of the Comptroller General's receipt for his digest, with a speci-
fication therein of the amount of commissions to which he is enti-
(a) Acts of 1862-3, p. 57.
182
JL _L. JL. J-O-JL. *. V/XJ-XiX . JL, Ju UAJUXO XtJCi V J2ji\ U J3i.
Article 9. — CompensaLion of CoilectOi's and Eectivers.
tied, and not otherwise ; and to produce said Receiver's receipts^
with his receipts thereon, to the Comptroller General, before he
shall be allowed credits for such commissions.
9. To conform to such rules as may be furnished, and to obey
such orders' as may be given by the Comptroller General.
10. To perform all other duties that the law requires, and
which necessarily, under the law, appertain to his office.
Silence § ^^^' ^^ ^^ HO cxcuse to any person for not paying his taxes-
to dSit- as the law requires, that the Collector should fail to advertise or
payer. *^^ fiH liis appointments.
ARTICLE IX,
COMPENSATION 05^ COLLECTORS AND RECEIVERS.
Section 939. Pay of Receivers and Collectors.
§ 939. The following rates of commissions shall be allowed in
Commis- the net amount of each dio^est to each Receiver and Collector of
sions of Ee- ^ "
ceiver and the State taxcs, \_^rovided, that no Receiver of Tax Returns or
Tax Collector shall receive more than fifteen hundred dollars,
commissions on the general State Tax] (a) — to wit :
On all digests over $20,000. 3 per cent.
10,000 and under $20,000 4
" under
6,000
4,000
3,000
2,000
1,000
1,000.
10,000... 5
6,000 6
4,000... 7
3,000 8
2,000 9
.....10
ARTICLE X.
MISCELLANEOUS PROVISIONS,
Section,
940. Comptroller may make rules.
941. Rules to be furnished tax officers.
Section.
942. Rules to be published.
943. Bonds of tax officers sued on.
§ 940. The Comptroller General has authority to make all need-
r^TJnlrii ^^ rulcs and regulations for the government of Tax Collectors
rules Sr\S>f- ^^id Rcccivers, and any other rules that may be necessary to in-
ter
to
(a) Acts of 1863-4, p. 16.
PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 183
Article 10. — Miscellaneous Provisions.
sure the prompt and faithful execution of the tax laws, if not in lectors and
■*• ^ ^ ^ Eeceivers.
violation of or inconsistent therewith.
§ 941. These rules, when made, shall be entered in a book in Enter the
- -, 1 I I . T. T, same in a
his oflace, kept tor that purpose, and be binding on all successors book and
11 11- n ^ ' 1 1 11 1 • furnishthem
until amended or repealed, copies of which shall be printed and to Receivers
furnished to Receivers and Collectors at the time of sending them tors.
the forms required.
§ 942. They shall also be printed during the month of March pu^'J^sJjthem
every year in a public gazette published at the seat of Govern- j^°jf ^^^^p^'
ment, if in the discretion of the Comptroller he shall deem it ben-
eficial.
§943. Nothing shall be so construed as to make the Collector's c,?iie"cto?3
and Receiver's bonds not subject to be sued according to due co^j^fr^s
process of law, but which is not to be done unless some emer- te^uSon
gency should make it necessary.
CHAPTER II.
REVENUE FROM OTHER SOURCES.
Section.
944. Sources of revenue, etc.
945. What moneys go into Treasury.
Section.
946. What fees go into Treasury.
§ 944. The sources from which the State does or may derive Revenueof
•^ the S t a t e
revenue, other than by taxation, are as follows : from sources
^ "^ ' other than
1. The net earnings of the Western and Atlantic Railroad. taxation en-
o umerated.
2. Dividends on the bank stock owned by the State.
3. Dividends or interests on the stock owned in the Main
Trunk Railroad.
4. Sale of State bonds at a premium.
5. The use by individuals of any other property of the State.
6. Receipts for military or other claims against the United
States.
7. Receipts from assets of the Central Bank and other old
claims.
8. Receipts on claims from Tax Collectors or other officers
for previous years, which were in litigation or regarded as in-
solvent.
9. Dues for the sale of reverted or other land to which the-
State may have the title.
Miscella-
neous reve-
nue to be
paid into the
Treasury.
Tees to be
paid to
Treasurer ;
those of
Governor's
Secretary,
184 PT. 1.— TIT. 7.— Public Revenue.
Chapter 2. — Revenue from Other Sources.
10. Fees which the Secretaries of the Governor, the Secretary
of State, the Treasurer, the Comptroller General, and Librarian,
may receive for official duties.
§ 945. All the receipts from the resources mentioned in the
preceding Section, all fees not specially awarded to any particu-
lar officer, all fines and forfeitures not otherwise disposed of, all
moneys collected from any source or on any account, to which
the State is entitled, not otherwise directed, must be paid into the
State Treasury.
§ 946. The fees which officers are allowed to charge, and which^
when collected, must be paid to the Treasurer, are as follows:
1. Those by the Secretaries of the Governor :
A grant for 100 acres or under $1 00
A grant for over 100 acres or under oOO acres 2 00
A grant for over 300 acres or under 500 acres 3 00
A grant for over 500 acres or under 1000 acres , 4 00
A grant for 1000 acres and over, one per cent, per acre for every
additional acre.
Affixing the Great Seal of the State, by order of the Governor, to
any thing of a private nature 2 00
For every examination of records per request 50
Administering oath of office to a salaried officer and giving certifi-
cate thereof 1 00
Entering a testimonial 50
Attaching the Seal of the Executive Department 1 00
Certified copy of any record not more than 300 words 1 00
If more than 300 words, per 100 words 10
2. Those by the Secretary of State :
For a grant of land and affixing the Seal thereto, the same as is
allowed the Secretaries of the Governor, according to the
number of acres.
For registering each grant 50
For registering bond or other similar writing 1 OO
For a testimonial without the Great Seal 1 00
For a testimonial with the Great Seal 2 00
Affixing the Great Seal to any other paper 1 00
For a certified copy of a grant to land 1 00
For a certified copy of any other paper not of more words 1 00
For more words, per hundred 10
For every search per request 25
Treasurer. 3. Thoso by the Treasurer :
For every extract or copy from any book, minutes, or file of office,
not more than 300 words 1 00
For every additional 100 words 10
For every search by request 25
Secretary
of State.
PT. 1.— TIT. 7.— Public Revenue.
185
Comptroller
General,
Surveyor
General.
Chapter 2. — Revenue from Other Sources.
4. Those by the Comptroller General :
Every extract or copy from any book, minutes, or file of office, not
more than 300 words 1 00
For every additional 100 words. 10
For every search by request 25
5. Those by the Secretary of State as Surveyor General :
For examining a plat 50
For recording a plat 1 25
For recording a plat of a town, township, or village 10 00
Transmitting a caveat to Governor and attending thereon 1 00
Certified copy of any original record not more than 300 w^ords. ... 1 00
For every additional 100 words 10
Certified copy of an original warrant 50
Issuing a certificate of a record 50
For every search per request 25
6. Those by the Librarian :
Certifying to the existence or contents of any manuscript, map, or
other document intrusted to his keeping 1 00
Furnishing copies of his catalogue of books 50
Librarian.
TITLE VIIL
THE PUBLIC DEBT.
CHAPTER I.
THE PUBLIC DEBT.
Section,
947. State bonds — how authenticated.
948. Amount of bonds — time of payment.
949. Coupons— how signed and paid.
950. Bond must accompany coupon, etc.
951. State bonds — where payable.
952. Bonds may be exchanged— when.
953. Bonds taken up not to be re-issued.
954. New bonds may issue for lost ones.
955. On what showing new bonds issue. 1
Section.
956. State must be indemnified.
957. Stolen bonds — how renewed.
958. Bonds, etc., paid off- how kept.
959. Payment of bonds provided for.
960. Surplus set apart.
931. Overplus paid to bonds not due.
962. Bonds paid before due to be reported.
963. Provisions for education, etc.
§947. All bonds or certificates of the State for the State debt state bonds
must be authenticated by the signature of the Governor, the Sec- cates— how
retary of State, and stamped with one side of the seal of the ^''^^
State — to wit, that side which has on it the motto, ''Wisdom,
Justice, and Moderation."
186 PT. 1.— TIT. 8.— The Public Debt.
■
Chapter 1.— the Public Debt.
§ 948. They shall be, unless otherwise specially ordered by the
Amoimts General Assembly, in sums of five hundred and one thousand
of, and how *'
payable. dollars each, payable in twenty years after their date, bearing in-
terest at six per cent, per annum, which interest is payable semi-
annually by coupons thereto annexed.
§ 9 19. They may, before or after issued, be presented to the
how^'^K^ State Treasurer, who shall sign, in his official capacity, all the
and paid, coupous thereto attached, which then may be paid at maturity by
the Treasurer without the presentation of the bond, or further
■warrant or authority.
si<Snotto § ^^^' ^^ coupons are not thus signed, they shall not be paid,
{Ss^^accom- uulcss accompanicd by the bond to which they belong, and before
the bond. ^^ payment shall be by the Treasurer detached.
§ 951. The principal and interest shall be made payable at
"When pub- such placc in this State or other of the United States as the
iic debt to
be paid. Govemor may in his discretion direct, and he may direct the
principal payable at one place and the interest at another.
§ 952. Where citizens of this State become possessed of State
Bonds pay- bonds payable out of this State, the Governor may give in ex-
Sid b ^Sti' c^^^g® foi' them bonds payable herein, provided there is no loss
excha??d^^ to the State by the exchange, and the expense thereof, if any, is
borne by the holders of the bonds.
§ 953. When such exchange occurs, the original bonds so taken
Suchorigi- up shall not be re-issued on any account whatever, unless specially
notto here- provided for bv the General Assembly.
issued. r t/ j
§ 954. When any bond or coupons shall be lost, mutilated, or
Lost bonds dcstroycd, the Governor may issue to the holder a new bond, with
or coupons. "^ ''
proper coupons attached.
§ 955. When mutilated, the mutilated bonds must be surren-
liiew bonds, dcrcd ; when lost or destroyed, the holder must make affidavit of
ed.' such fact, that they were his, in his own or some other right, at
the time of the loss or destruction ; if lost, that he has made dili-
gent search without avail, and despairs of ever finding them.
§ 956. Having made such affidavit, he shall then, before receiv-
Bond and incp the ncw boud, e^ive bond and surety to the Governor in a sum
surety to be '^ ' ^ •^
given, double the amount of the principal thereof and the unpaid in-
terest thereon, conditioned to save the State harmless on account
of issuing such new bond.
§ 957. [The Governor is authorized to issue a new bond or bonds
in lieu of a bond or bonds of the State which may have been
PT. 1.— TIT. 8.— The Public Debt. 187
Chapter 1.— The Public Debt.
stolen, upon the holders makins; affidavit as provided for in Sec- New bonds
tion 955, provided said holders may have given or shall give those stolen.
twelve months' notice of the loss or theft of said bonds, fully de-
scribing the same, at the Treasury of the State, at least twelve
months prior to the time when said new bonds may be or shall be
issued ; provided that no new bond shall be issued for or in lieu of
any lost or stolen bond until the owner of such bond shall first
give to the State a bond with security, to be approved by the Gov-
ernor for the time being, fully indemnifying the State against the
payment of the bond so lost or stolen.] (a)
§ 958. When bonds or coupons are paid, they must be stamped Disposition
1 . 1 m , m ■ 1 ^ ^ of bonds
as paid, and preserved m the Treasurer s office with the same care and coupons
■^ when paid.
as the funds of the State.
§ 959. An amount of money stands annually appropriated suffi- Appropria-
1 1 1 1 1 r» 1 tionannually
cient to pay the principal and interest of any bonded debt of the for bonded
State becoming due during the year.
§ 960. Any surplus in the Treasury after allowing for all the surplus
in Treasury
annual charges against it, includinsi; such claims, is likewise ap- appropriated
^ ° ' ^ ' -^ to bonded
propriated to the same object. debt.
§ 961. Whatever amount may remain from the appropriations surplus ap-
contained in the two preceding Sections more than enough to pay may be ap-
Tiii -ir»i/-. plied by the
such debts may be applied, by the order of the Grovernor, to re- Governor.
deeming any particular class of bonds not due as he may order,
and which, in his judgment, it is to the interest of the State to
prefer and anticipate.
§ 962. All bonds redeemed before maturity must be by the Bonds re-
. deemed be-
Governor annually reported to the General Assembly, particu- fore due.
larly described, and the terms upon which they were so re-
deemed.
§ 963. For the purpose of carrying into effect the changing of Provision
the public debt paid with the net earnings of the Western and P^'^^^f ^ i^
^ , , ^ ° . W. and A. R.
Atlantic Railroad into a permanent Educational Fund, the Gov- ^onaS^J'.
ernor is authorized to substitute other State bonds bearing the
same rate of interest for those in the hands of holders, and to
issue new bonds and arrange them upon such schedule and paya-
ble at such periods as that by providing annually a sinking fund,
the whole principal of the public debt shall be extinguished by
the time the last bonds shall become due. This sinking fund,
(a) Acts of 1866, p. 18. '"-v^
188 PT. 1.— TIT. 9.— Public Property.
Chapter 1. — Public Buildings.
Annual when ascertained, shall be paid out of the net earnincrs of the
sinkinsfund iAi'-r»-ii ^
— how~"paid : "Western and Atlantic Railroad, and until ascertained the Gov-
pnbiic debt
— whenpaid. emor shall use so much of the earnings of said road as shall be
necessary to meet said bonds annually falling due.
TITLE IX.
PUBLIC P Pv P E R T Y .
CHAPTER I.
PUBLIC BUILDINGS.
Section. i Sectiox.
964. Buildings owned by the State. | 965. Buildings the State is interested in.
§ 964. The buildings and those appurtenant thereto belonging
BuiidiDgs to the State are —
owned by
the State. The State Capitol.
The Governor's Mansion.
The State Arsenals at Milledgeville and Savannah, and the
Military Institute at Marietta ; the Deaf and Dumb Asylum at
Cave Spring ; the Lunatic Asylum near Milledgeville ; the Peni-
tentiary at Milledgeville; the buildings of the Western and At-
lantic Railroad.
§ 965. The State has an interest in —
Partly The Univcrsitv of Georgia at Athens.
owned by the »' "
State. The Asylum for the Blind at Macon.
CHAPTER II.
THE LANDS OF THE STATE.
Sectiox 966. Lands reserved to the State.
§ 966. The lands specially reserved to the State are —
The lands known as the "Macon Reserve" on the Ocmulgee
Lands own- river ; the lands known as the "Mcintosh Reserve," on which is
ed by the
state. situated the Indian Spring ; the lands known as the " Old Agency
Reserve" on the Flint river; a quantity of land on Flint river,
PT. 1.— TIT. 9.— Public Property.
189
Chapter 2. — The Lands of the State.
opposite the Old Agency ; one mile square on tlie Chattahoochee
river at Mcintosh Ferry ; one mile square at Marshall's Ferry on
Flint river, including the ferry ; five miles square on Chattahoo-
chee river at Cusseta Falls, including the falls ; all islands con-
tained in any of the navigable waters not disposed of, and the
western bank of the Chattahoochee river to high-water mark,
where it forms the boundary between Georgia and Alabama ; so
much of the Okefenokee Swamp as is in this State and ungranted ;
the lots whereon all the public buildings of the State are erected ;
the fractional parts of surveys created by the different land divis-
ions which are not granted or otherwise disposed of ; all lands
omitted to be surveyed, granted or sold ; parcels of land in cer-
tain cities, to wit :
In the city of Atlanta ;
In the city of Columbus ;
In the city of Chattanooga.*
CHAPTER III.
THE WESTERN AND ATLANTIC RAILROAD AND ITS GOVERNMENT.
Sectiojt.
967. W. & A. R. R. belongs to State, etc.
968. Obligations relative to W. & A. R. R.
969. What laws apply to W. & A. R. R.
970. Former laws still of force.
971. Laws applicable to W. & A. R. R.
972. Appointment of Superintendent.
973. Superintendent's bond. .
974. His oath and commission.
975. Superintendent's authority.
976. Rules of road to be recorded, etc.
977. Such rules are law.
978. Where the road may be sued.
979. Demand must be made before suit.
980. Books of road prima facie evidcLce.
981. Debtors to road — pu.blic debtors.
982. Appointment, etc., of Treasurer.
983. Treasurer's oath.
984. His bond; oath and bond, where filed
985. Treasurer's duties specified.
986. Auditor's appointment, etc.
987. Auditor's oath.
988. His bond.
989. His bond and oath — where filed.
990. Auditor's duties specified.
991. Remedy against officers W. & A. R.R.
Section.
992. Compellable to give other security.
993. Agents must report monthly.
994. Officer failing to" pay, etc., dismissed.
995. Accounts of dismissed officers.
996. Indebtedness of defaulters, etc.
997. Oath of all agents of the road.
998. Their bonds.
999. Bonds renewed annually.
1000. Settlements with agents.
1001. Governor to examine bonds, etc.
1002. Conductor's oath.
1003. No credit to be given for freights.
1004. Conductor's settlements.
1005. Disbursements— how made.
1006. How Auditor's decisions reviewed.
1007. Proceeds of road — how disposed of.
1008. Useless iron and tackle may be sold.
1009. Sale may be for cash or on credit.
1010. No officer of road can buy at sale.
1011. Sale bill to be kept and reported.
1012. Useless land of road may be sold.
1013. Who may go over road free of charge.
1014. Laws of road enforced by Sup't.
1015. Transportation of lime.
1016. Stock gaps may be built.
* Considerable portions of tlie above mentioned reservations have been con-
veyed by the State to private companies or individuals, which will appear by
reference to the proper records.
190 PT. 1.— TIT. 9.— Public Propekty.
Chapter 3. — The Western and Atlantic Railroad and its Government.
§ 967. The, railroad communication from Atlanta, in Fulton
w.&A.E. County, to Chattanooga, on the Tennessee river, is the property
erty of the of tliis State exclusivelj, and shall be known as the Western and
Atlantic Railroad.
§ 968. The State occupies the same relation to said road, as
Eeiationof owncr, that any company or incorporation does to its railroad, and
state to the ' . . -^ ^ »^ ^ '
w. & A. K. the obli|>;ations of the State to the public concerninai: said road,
E.; recipro- ° ^ O ?
cai obiiga- ^nd of the public to said road, are the same as govern the other
tions of the ^ ' o
pubiic^^ ^^^ railroads of this State, so far as is consistent with the sovereign
attributes of this State, and the laws of force for its conduct.
§ 969. All the public road laws and penal laws touching the
Eoad laws railroads of this State, whether to oblio-ate or protect, apply to
and penal ' ° ^ . .
laws apply the State Road, unless specially excepted, or some other provision
E.E. proviso jg prescribed in lieu of some one or more thereof.
§ 970. [All laws of force regulating the liability of railroad
Lawsappii- companics in this State for damages done by the running of loco-
&A. E.E. 'motives, cars, and other machinery, are hereby declared to apply
equally to the Western and Atlantic Railroad ; and in the bring-
ing of all suits against the Western and Atlantic Railroad, the
same shall be regulated by the laws iu existence on that subject
at the time of the adoption of this Code.] (a)
§ 971. All laws heretofore enacted, having a special or local
Preceding application to Said road, and in force at the time of the adoption
laws of force
of this Code, are kept in force, unless herein repealed expressly,
or by implication.
§ 972. The principal officer of said road shall be styled the Su-
superinten- perintcndont, who is appointed by the Governor, and holds his
pointed by offico durius; his term, unless sooner removed at his pleasure. TThe
Governor. .
salary of the Superintendent shall be jive thousand dollars 'per
His salary. -i /-is
annum. \ (b)
§ 973. Before entering on the duties of his office, he shall give
To give bond and security, to be approved by the Governor, in the sum of
bondandse- "^ ' ^^, '^ .
curity. twenty thousand dollars, which shall be j&led in the office of the
Comptroller General and recorded therein.
§ 974. He shall also, at the same time, besides the oath re-
Totakeoath. quirod of all civil officers, take and subscribe before the Governor
the following oath, which shall be filed in the Executive Office :
" I, , swear that I will faithfully and impartially per-
(a) Acts 1862-3, p. 183. (b) Acts of 1865-6, p. 249.
PT. 1.— TIT. 9.— Public Property. 191
Chapter 3. — The Western and Atlantic RaHroad and its Government,
— tf —— — '
erated.
form all i»he duties of my office ; that I will make no appointment,
nor do any act from fear, favor, reward, or the hope thereof, but
in all things I will be governed solely with regard to the interest
of the State of Georgia, and in the discharge of my duties I will
neither make, nor permit to be made, any discrimination, unless
so directed by legislative authority, in favor or against any rail-
road company, or other persons or parties having business connec-
tions with or relations to said road. So help me God."
§ 975. The Superintendent has authority —
1. To conduct all the operations of said road connected with its ^Powers of
•"■ STipennten-
repairs, equipment and management, including its financial affairs, gj^tl^^"^'
2. To appoint or remove all the subordinate officers subject to
the approval of the Governor, except the Auditor and Treasurer.
3. To fix the rate of passage and freight, and to make all neces-
sary arrangements touching such rates and other business with
other railroads.
4. To contract for and purchase machinery, cars, materials,
workshops, and all other contracts necessary for the general
working and business of said road not exceeding three thousand
dollars, and over that amount subject to the approval of the
Governor in writing.
5. To make contracts with the Government of the United
States, with the consent of the Governor, for the transportation
of the mails over said road.
6. To arrange the schedules for running trains at such times,
either by day or night, as he may deem expedient.
7. To settle all claims against said road, with the approval of
the Governor.
8. To sue officially for any claim due the State on account of
said road, and defend all brought against the road.
9. To make all necessary rules for the proper conduct of the
business of the road and the enforcement of discipline.
10. To impose penalties for a violation of said rules and for
breaches of duty by all persons in the employment of the road.
11. To see that the books and accounts of the road are so kept
as at all times to show accurately its fiscal aifairs.
12. To have settlements weekly with all fiscal agents of said
road for all money received by them, by himself or through some
authorized person, and to discharge them for neglecting or refus-
ing to do so.
192 PT. 1.— -TIT. 9.— Public Pkoperty.
Chapter 3. — The Western and Atlantic Railroad and its GoYernment.
13. To fix the compensation of all employees of said road,
with the approval of the Governor, whose compensation is not
fixed by law.
14. To draw his warrant on the Treasurer in favor of claimants
according to the law.
15. To sue and cause all moneys belonging to or collected on
account of the road to be paid promptly to the Treasurer.
16. To exercise a general supervision over all ofiicers, agents,
and employees under his charge, and see that they strictly comply
with all the requisitions of the law.
17. To make out and transmit to the Governor a quarterly
statement exhibiting the receipts and expenditures of the road,
and once every year a full statement of all the transactions of
the road in detail, which report shall be published in one or more
of the public gazettes at the seat of Government and at the city
of Atlanta.
§ 976. The rules adopted by the Superintendent for the gov-
be recorded* ^^^^^^^^ of Said road shall be recorded in a book kept for that
fuJnished^"o P^iT^^®? shall bc printed and posted in a conspicuous part of his
officers. ofiice and copies placed in the hands of each officer of the road,
who shall also be promptly supplied with copies of any alterations
thereof.
§ 977. Such rules shall have the force and effect of law when ne-
Force of ccssarv to carrv into full effect any law in regard to said road and
said rules, . . . . ^ . . • i i i
to improve its organization when not inconsistent with the law.
§ 978. All suits against the road must be brought against the
Suits against Superintendent in his official capacity in the County of Fulton,
Atlantic '^Jiere the office of said road is located, except in those cases of
claims where by the law other railroads are allowed to be sued
elsewhere, but under no circumstances are suits against such road
to be allowed against such road, its officers or agents in the State
of Tennessee, beyond the right, if any, that may exist under the
authority granted to this State to extend said road into Ten-
nessee."^
§.979. No suits shall be brought against the Superintendent
Demand until a demand has been made upon him for payment, accompanied
necessary ■•• x ./ / x
brou4t ^^^* ^^ * Statement of the nature of the claim, and ten days shall be
allowed the Superintendent to pass upon- such claim before suit
shall be brought. ,
* See Venue.
PT. 1.— TIT. 9.— Public Pkoperty. 193
Chapter 3. — The Western and Atlantic RaHroad and its Government.
S 980. In suits pending or to be brouorlit by or aa-ainst said road, Books of
n 1 I V n 1 . ? . 1 r» 1 i ^^^^ prima
the books of said road shall be j:»n???a/«(?zg evidence of what thej/^c^* evi-
contain pertinent to the points in issue.
§981. All debtors to said road are as debtors to the State or 1*5^^^*?^^
'^ ^ public debt-
public, and when any question arises warranting it, the right or '^^^^
obligations of both parties are to be determined upon by the laws
governing such relation.
§ 982. The Governor shall appoint an officer for said road, who , Governor
^ ■'••'■ '^ to appoint a
shall be styled the Treasurer, who holds his office for the same Treasurer.
time and term that the Superintendent does.
§ 983.*' Before entering on the duties of his office, besides the nisoath.
oaths required of all civil officers, he shall take and subscribe
before the Governor the following oath:
^'I, -, do swear that I will faithfully and diligently re-
ceive, keep, and disburse the funds of the State Road according
to law, in my capacity as Treasurer, and do all other acts that are
or may be required of me by law as Treasurer of said road, to the
bestof my skill and knowledge. So help me God."
§ 98i. He shall at the same time give bond and security, to be Bond and
approved by the Governor, in the sum of one hundred thousand
dollars. Said bond and oath of office shall be filed and recorded oath filed
. and recorded
as the Superintendent s.
§ 985. It is the duty of the Treasurer —
1. To take custody of all funds appertaining to the road, to Duties of
receive all moneys from officers or agents holding the same and numerated.
receipt them.
2. To receive all such sums as may be appropriated by law for
the use of the road.
3. To pay all warrants drawn by the Superintendent in the
terms of the law.
4. To pay the State Treasurer monthly all balance in his trea-
sury after paying all the current expenses of the road and other
lawful claims upon it, and to take his receipt for the same, retain-
ing such amount as the Superintendent may direct.
5. To keep a book or books to enter all his receipts and pay-
ments and other official transactions.
6. To make a quarterly statement to the Superintendent of the*
receipts and disbursements of his office, which shall be published
with the Superintendent's report to the Governor.
7. To discharge such other duties as the laws do or may require.
13
194 PT. 1.— TIT. 9.— Public Property.
Chapter 3. — The Western and Atlantic Railroad and its Government.
Auditor ap- § 986. The GovGrnor shall appoint an officer for said road who
pointed by i i i a t
Governor, shall be stjled the Auditor.
§ 987. Before entering on the duties of his office, besides the
His oath. Q^th required of all civil officers, he shall take and subscribe before
the Governor the following oath :
'^I, , swear that I will promptly, justly, fairly and im-
partially approve or reject all claims against the State Road pre-
sented to me for such purpose, and that I will faithfully and dili-
gently discharge all other duties that are or may be required of
me by law as Auditor, to the best of my skill and knowledge.
So help me God." *
§ 988. He shall, at the same time, give bond and surety, to be
Give bond ^ ' . n
and surety, approved by the Governor, in the sum of twenty thousand dollars.
Bond and § 989. Such boud and oath of office shall be filed and recorded
and recorded as the Superintendent's.
§ 990. It is the duty of the Auditor —
1. To examine and approve or reject, without unnecessary delay^
Auditor's all bills and accounts against said road before the Superintendent
duties enu- ° ^
merated. shall draw a warrant for the same on the Treasurer. ,
2. To keep a book to enter all accounts passed, stating the
person, amount, account, and time.
3. To examine, supervise, and control all books kept by the
subordinate accounting officers or clerks of the road.
4. To discharge such other duties as the laws do or may
require.
Eemedyof § ^^^' '^^^ remedy of the State against the Superintendent, the
a-ainst^offi- Trcasurcr, Auditor, and other officers and agents, is the same as
&A. k!e^* against Tax Collectors or Receivers.
§ 992. The Governor may require each of such officers to give
Additional additional bond and surety on the same terms and conditions that
requiJedf ^ he may require it of the Comptroller General or the State
Treasurer.
§ 993. Each agent of such road having the funds thereof in
Monthly his hauds shall make out monthly, and from month to month, on
reports of .
agents. such day as the Superintendent may require, a full statement of
his account, and particularly specify what amount of cash on
'hand, what amount due from freight delivered or to be delivered,
showing the full amount due from all sources whatever, and shall
sign such account.
§ 994. Any officer or agent failing to pay over the funds col-
PT. 1.— TIT. 9.— Public Property. 195
Chapter 3. — The Western and Atlantic Railroad and its Government.
lected by him weekly, or failinsi; to furnish the Superintendent Defanitiug
'' '' ° ^ officer or
with a monthly statement of the financial condition of his office, agent di«-
•^ misseo,
except for providential cause, shall be immediately dismissed by
the Superintendent.
S 995. When such dismissal shall take place, an account shall Proceedings
'■ ' on a dismis-
at once be had of all the freight on hand, giving the person dis- ^ai.
missed a credit or receipt therefor, so as to show the amount of
his indebtedness.
S 996. As soon as an agent, or any other person having funds Amount
^ ... <iue by de-
of the road unaccounted for, is in default, and fails to pay over faniter treat-
' ' ^ ■"• *' ed as eam-
said funds on demand made by the Superintendent, or bj his j°|| ^^ *^®
authority, or shall abscond or conceal himself, or in any other
way evade or prevent a settlement, said officer shall promptly
cause the true amount due by such person to be ascertained, and
transmit the same to the Comptroller General as earnings of the
road, stating also the date of the default.
§ 997. Every aarent of said road, before entering on the discharge oaths of
of his duties must, besides the oath required of all civil officers,
take and subscribe before the Superintendent, who is hereby made
an officer for such purpose, the following oath : "I, , swear
that I will faithfully perform all the duties of my appointment
that are or may be required of me by law, to the best of my skill
and knowledge, and that I will render a true account of my official
•conduct, and of all moneys received by me as such, and pay the
same over to the person authorized to receive them, as often as the
law may require. So help me God."
§ 998. They shall at the same time give bond and surety, paya- Bonds of
ble to the Governor and his successors in office, to be approved by
the Superintendent, in such sum as he may require.
§ 999. The oaths shall be filed in the office of the Superinten- Disposition
dent, the original bonds transmitted to the Comptroller General, and bond.
and copies retained by the Superintendent in a book kept for that
purpose in his office.
§ 1000. Such bonds shall be renewed annually, by the tenth day Bonds re-
of January, after a full and satisfactory settlement has been had aiiy.
with the agents, and not before.
§ 1001. Said settlement must be^'in writing and signed by the Settlements
"^ & to .; ^ith agents
agent and Superintendent, and shall contain a full statem.ent of
the agent's account with the road, whether for cash received,
freight on hand, or from any other source whatever.
196 PT. 1.— TIT. 9.— Public Propeety.
Chapter 3.— The Western and Atlantic Eaih'oad and its Government.
§ 1002. The Governor shall examine every bond transmitted to
Bond to he the Comptroller General by the Superintendent, and in case of
examined by ^ , ./ x ?
Governor defect therein, as to matter or surety, may order another bond
and adcii- _ ^ ^ ^ ^ t j
tionai bond nriven in licu thereof to the Superintendent, and he or the Super-
may be re- G> i ' i
quirecL intendont may at any time, when in the judgment of either the
interest of the State requires it, require such officer to give addi-
tional bond and sureties, as he requires of other officers.
§ 1003, Every conductor must, in the same manner, take and
Conductors' subscrJbe this oath : " I, , swear that I "will faithfully dis-
■ charge the duties of my office to the best of my skill and knowl-
edge, and that I will pay over ?J1 the money that may comiC to
my hands belonging to the State Road, as required by law, or the
order of the Superintendent. So help me God."
§ 1004. No agent at any station of said road is permitted to give
No credit Credit for any freight or any produce, goods, or other commodity
conveyed, but shall collect the freights before the articles are taken
away, except in cases where the freights, by arrangement, are
chargeable to some other railroad company.
§ 1005. Every conductor of passenger or freight trains shall
Conductor's make a settlement of the tickets atid money received by them with
the Treasurer at the end of each trip. All disbursements made
Disburse- ^^ accouut of Said road shall be, by warrant of the Superintendent,
ments— how (jj-g^^j^ upou the Treasurer, and be first passed by the Auditor.
§ 1006. The Superintendent may refuse to ratify the approval
Cases vaere of the Audltor, and when so refusing the claim shall be presented
Superintend- »
ent and Au- to the Govemor to decide ; if he allows the claim, or any part
ditorditfer. ' "> J I
thereof, the Superintendent shall draw his warrant and express
therein, "By approval of the Governor." If he concurs with the
Superintendent, the party may accept the decision or bring suit.
§ lOOT. The proceeds of said road, after deducting expenses and
Proceeds all dcbts, which are liens upon its income,, shall be paid into the
to b& paid f ■% c^ \ t -iiTir' 1 TT 1
monthly in- treasury of the State monthly, and shall first be applied to the
to Treasury, -^ "^ ^ i r» i a
^ „ ^ payment of the principal and interest of the bonds of the State
How applied ^ •' ■*■ ^
issued on account of said road.
§ 1008. Whenever any iron, or any tackle or apparel may
Useiessiron, becomo uselcss to ssid roadj and the Superintendent can not have
sold on 30 the same converted into new iron on reasonable terms, or for any
days notice* .
other good reason, he shall sell the same at public outcry, at
whatever point it may be most to the interest and convenience of
the road, to tlie highest bidder, after giving at least thirty days'
PT. 1.— TIT. 9.— Public Property. 197
Cliaptei" 3. — The Western and Atlantic Railroad and its Government
notice of the time and place of said sale, with a description of the
property, in a public gazette at Atlanta.
§ 1009. He ma}^ sell said property for cash or credit, as in his s.-je may
discretion it may be best for the State; provided^ that, if on j'" ''-" ^''^<^j*-
credit, it shall not be longer than twelve months, with note or bond
and personal security thereto, payable to the Governor and his rroceedsof
successor in office, or bearer, which shall be deposited in the State
Treasury, and when collected be as part of the net earnings of
the road.
8 1010. Neither the Superintendent, nor any officer of the State omcernot
" . . . . to be a pur-
Road, shall he a purchaser, directly or indirectly, at said sales, ciiaser.
on pain of forfeiting to the State the property purchased and
price paid, and of being removed by the Governor.
§ 1011. The Superintendent shall keep a record of ail such Record or
. sales to be
property sold, to whom sold, at what price, and on what terms, kept.
and shall embrace the same in his report to the Governor.
§ 1012. The Governor or Superintendent shall not sell any part Eestriction
of the right of way, nor any property or land of the road, that road proper-
may be necessary for the erection of depots, wood yards, water
stations, or for any other improvement to the convenience or in-
terest of said road ; but they may sell any land of the road if of
no use to it, in the manner iron is sold — advertising it in a public
gazette at Atlanta, and in the County where it lies, and in a public i^^^ may
gazette thereof, if one, and the Superintendent shall execute deeds
thereto in his official capacity.
§ 1013. All lunatics and idiots, and the persons having them in Persons
1 1 /» 1 1 f- traveling
eharge, not more than one to each of such, when sent irom any freeofctaTge
° ' . ' . "^ on the road.
County to the Lunatic Asylum, and the latter returning, and all
deaf and dumb and blind pupils partaking of the State's bounty,
with their necessary attendants, when going and returning from
their schools, shall go from and return to their homes, free of
charge on said road.
§ 1014. The Superintendent of said road is specially charged snperintend-
with the due execution and faithful fulfillment of all the laws for the laws,
the government and regulation of the same.
§ 1015. Said road shall transport lime for agricultural pur- Lime—
■*• ox transporta-
poses, ,'by the car load, from any depot thereof to Atlanta, from tion of.
the first day of May to the first day of August of each year, or at
any oth'er time not conflicting with the interest of said road, at a
rate not exceeding three cents per bushel ; provided^ connecting
198 PT. 1.— TIT. 9.— PuBLie Property.
Chapter 4.— Stocks.
roads at Atlanta will transport lime for agricultural purposes at
corresponding low rates, and give the Superintendent of the road
notice thereof, with consent to be bound permanently bj such rate.
Any connecting road at Atlanta failing to give such notice and
consent shall not be entitled to the benefits intended to be secured
to the agricultural interest contiguous to such road. Before any
person shall transport lime on said road, or any road in connec-
tion therewith,, at said rate, he shall make oath in writing before
receiving said lime and paying said freight, that it has been or is
to be transported for and will be used in good faith in improve-
ment of the soil in the State ; which affidavit shall be filed in the-
office of the company to whom the freight is paid.
§ 1016. [All persons in this State owning land through which
Land own- the Western and Atlantic Railroad passes shall have permission
©rs may ■>■ ^
build stock ^q build stock gaps on said road when the line of their fences may
cross the same, and shall have the privilege of joining their fences,
to such stock gaps : provided, said land owners shall not improp-
erly interfere with the bed of said road, or render it less safe, of
interfere with the running of the trains thereon.] (a)
CHAPTER IV,
STOCKS.
Section-.
1017. Bank stock owned by State.
1018. Railroad stock o-^vned by State,
SeC5!10N.
1019. Stock in Main Trunk Railroad.
Bank stock § 1017. The State owns the following bank stock —
owned by " *-•
In the Bank of the State of Georgia 1833i shares.
In the Bank of Augusta 890 "
In the Bank of Georgia Eaikoacl and Banking Company 18& "
Eaiiroad § 1018. The State owns the following railroad stock —
In the Main Trunk Road 5000 shares.
§ 1019. The stock in the Main Trunk may be extended to ten
Extension thousaud sharcs, on the condition that the State shall own as she-
of stock m ■'
E^h-J™'^^ does now, five-elevenths to be taken when individuals take and pay
for the balance according to the act of incorporation and acts
amendatory thereof-
(a) Acts of 1865-6, pp. 261-2.
PT, 1.— TIT. 9.— Public Property.
199
Chapter 5. — Other Public Property.
CHAPTER Y.
OTHER PUBLIC PROPERTY.
Section 1020, Library, furniture, arms, etc.
§1020. The State owns the Library at the Capitol, the furni- Library, ar-
..,. . senal con-
ture and contents of her various public buildins's, and the public tents and
■"■ . ™^^' proper-
arms, munitions, and accouterments of war in her arsenals and in ^7 of state.
the charge of her several volunteer companies, and of the Super-
intendent of the Military Institute.
TITLE X.
PUBLIC PRINTING.
CHAPTER I.
PUBLIC PRINTER: HIS DUTY AND COMPENSATION.
Section.
1021. Election of Public Printer.
1022. He must give bond.
1023. On failure to give other bond, etc.
1024. Vacancy — how supplied-
1025- Damages for breach of bond.
1026. Place of printing, etc.
1027. Printing during Legislature.
1028. Failure vacates office.
1029. "When Printer's duties begin.
1030. What he must print.
1031. Ordered matter — how printed.
Section.
1032. Laws and Journals — how printed.
1033. Style of the printing.
1034. Manuscripts to be furnished.
1035. Number copies Laws and Journals.
1036. If insufficient others may be printed.
1037. Printed matter — delivered to whom.
1038. Compensation of Printer.
1039. Penalty for delay.
1040. Contract and bond of new Printer.
1041. Pay of removed Printer.
1042. Work of deceased Printer.
§ 1021. r The General Assembly shall biennially elect a Public Election of
. ■- . •^ . •^ . Public Prin-
State Printer, at the same session and in like manner with the ter.
State House officers of the State, and said State Printer shall
hold his office for and during the term of two years.] (a)
§ 1022. Within ten days from the day of his election he shall his bond.
give a bond, with good surety, in the sum of ten thousand dol-
lars, to be approved by the Governor, filed in the Executive Office,
and recorded in the office of the Secretary of State.
(a) Acts of 1866, p. 19.
200 PT. 1.— TIT. 10.— Public Phintinq.
Chapter 1. — Public Printer : his Duty and Compensation.
§ 1023. The Governor is authorized to require from the Public
Legislature Printer additional bond and surety as he may from a State House
to supply va- i i • p n it
cancy. oiEcer, and on his failure to comply, declare a vacancy.
§ 1024. If the General Assembly is in session when such fail-
Additionai urc occurs, the Govcrnor shall communicate the fact to them,
bond may be i i i n i i i i •
required, etc. whcn thcy shali supply the vacancy by election.
§ 1025. If a Public Printer, after having been elected and
Damages mveu boud, commits a breach of it," on the trial the iury shall
on breach of ^ ^ ' '^ '^
bond. assess not less than one thousand nor more than three thousand
dollars as liquidated damages, besides the actual damages sustained.
§ 1026. Such Printer and his sureties must be citizens of this
Printer and State, and the public printing must be bona fide performed within
citizens. her Kmits, unless special permission otherwise is obtained from
the General Assembly.
§ 1027. All printing specially ordered by the proper authority
Printing durino; a session of the General Assembly shall be executed with
during ses- o *'
^^°"' all possible dispatch and correctness, at the seat of Government.
§ 1028. If the provisions of the two preceding Sections are
Yioiation of violated, the Governor may, in his discretion, declare a vacancy
]ast two sec- . .
tions. and the compensation forfeited:
§ 1029. The duties of the Public Printer do not begin until the
. Beginning first day of tlic ncxt session of the General Assembly after his
of Printer's . '^ ''
duty. election.
§ 1030. He shall print the Laws and Journals, and such bills,
What he reports, and other documents as may be ordered to be printed du-
ring his term of office, which includes the printing of all extra
sessions held during that time.
§ 1031. All papers ordered to be printed by either House shall,
How print- uulcss otlicrwise directed, be printed upon paper 'that can be easily
ing must be. -iti ^ ii-
done. written upon; the sections and lines must be numbered, having
sufficient margin and intervening space to admit of interlinea-
tions, for which service the Governor shall allow extra compensa-
tion, not exceeding twenty per cent, on the established rates.
Laws and §1032. The Laws and Journals must be printed upon small
how'^^prtnt^ pica type, on good paper, and delivered to the Executive within
an e iver- j^j^^gj-y jg.jg after the manuscripts are received from the compiler.
§ 1033. The former must be printed of a uniform size, and of a
Directions style cQual in mechaaical execution to the Laws of 1853-4, and
as to Laws ^j y ' ^
and Journ- the latter must be on pages the size of the Laws of the United
States, and have like intervals between the paragraphs.
PT. 1.— TIT. 10.— Public Peinting. 201
Chapter 1, — Public Printer : his Duty and Compensation,
S1034. The Secretary of the Senate and Clerk of the House sec. ofsen-
" '^ ^ _ ate and Cl'k.
shall furnish the manuscripts of their Journals and indexes House to
-■- furnish MSS.
thereto, properly prepared for the press, within twenty days from
the adjournment of each session of the General Assembly, under
a penalty of five hundred dollars each, to be retained out of their
pay.
§1035. There shall be printed ftwol (a) thousand copies of the ^^nmberof
" ■ 1 u -I \ / J. Journals and
Journal of each branch of the General Assembly, and [four] (a) ^"^s.
thousand copies of the Laws, to be bound by said Printer in
durable style and equally as well as the Laws of 1853-4.
S 1036. If such number should prove to be insufficient for the Additional
■"• , . . . copies may
use of the State, the Governor may order such additional copies ^^ o^'^ered.
as in his opinion the public interest may require, and allow there-
for reasonable compensation.
§1037. As the 'public printios; progresses the Printer must Pointed mat-
^ ^ ^ ^ . . . . 'tertobede-
from time to time, with all possible dispatch, deliver the printed '^},^l'^^l ^^
matter to the State Librarian, at his office, free from any expense
to the State for transportation.
§ 1038. If said Printer shall legally and faithfully perform his ^iSiTfS'
duties, he shall be compensated as follows: [He shall be paid ^*'^^"'^*^''-
thirty per cent, on the actual cost of the material and labor
employed in the public printing, frovided^ that before being paid,
he shall make out an account, on oath, of the actual cost of the
material and labor employed, and present the same to His Excel-
lency the Governor, who may allow or reject said account or any
part thereof, as in his judgment may seem right and just.] (b)
§ 1039. Should any .delay occur in the prompt delivery of the , Forfeiture
" ^ xi i r ./ ior delay in
Laws and Journals as required, the Governor shall deduct at the ^'i^^^^,'^®''^ ^^^^^
rate of ten per cent, per month for the particular work delayed, J^^^^^^s,
until the date of delivery. If the delay shall be protracted more
than six months, the Governor may remove the Printer from office.
If any portion of the work is not executed so as to be a substan-
tial compliance with the requisitions of the law, the Governor
shall reject it, and order it executed over, or appoint a new Printer,
as his judgment shall dictate or the emergency may require.
§ 1040. When a new Printer is appointed under the two prece- ^^«^ P'i"ter
^^ ^ to give bond.
ding Sections, he shall give such bond and surety and on such
conditions as the Governor may require, who is also authorized to
make a special contract for the public printing in such an event.
(a) Acts of 1861, p. 74. (b) Acts 1863-4, p. 78.
202 PT. 1.— TIT. 10.— Public Printing.
Chapter 2.— Other Printing.
§ 1041. When the Printer is removed, the Governor is authorized
A quantum to take such Dortion of his work as he has executed according to
inermt may * ^ «-'
be paid to law, and allow him lawful compensation therefor, but he must
a removed ' ^ ^
Printer. dcduct thcrefrom the least penalty, and the damages sustained by
his failure.
§ 1042. When the Printer dies before completing his work, his
Representa- legal representatives are allowed to do so, it being understood that
ceased Prin- all bouds of PubHc Printers cover such contingency, and the
termay ^ _ ^ ..
complete Govcmor is authorized in such an event to wait thirty days for
work, •^ *'
an assurance of such performance.
CHAPTER II.
OTHER PRINTING.
Section. i Section.
1043. How other printing is done. 1 1044. Public Printer entitled thereto.
§ 1043. All printing other than that performed by the Public
Directions Printer, which necessity may demand, shall be printed at the seat
as to print- ^ ./ »/ 7 r
ips '^Wii^ of Government, or such other place as may be necessary, in the
printing. discrction of the Governor, under his direction and supervision,
upon reasonable rates, to be paid for out of the contingent fund.
§ 1044. If the Public Printer executes his work at the seat of
Public Government, or at the place where the printing referred to in the
Printer pre- . . , . . ,
ferred. preceding Section is required to be done, he is entitled to perform
such printing if he will do so at reasonable rates.
CHAPTER III.
THE COMPILER.
Section.
1045. Compiler— how appointed, etc.
1046. His duties specified.
1047. Penalty for failure.
Section.
1048. Another appointed — when.
1049. Compiler's compensation.
§ 1045. The Governor shall appoint some competent person to
Compiler of prepare and compile the several acts of each session of the General
Laws to be i • i . , i • • i •
appointed. Asscmbly, which appointment must be made at any time in ma
discretion, provided it is done before such session adjourns.
§ 1046. It is the duty of the Compiler —
PT. 1.— TIT. 10.— Public Printing.
203
Chapter 3. — The Compiler.
1. To distinguisli, in his classification, the public laws from
those that are local or private, and to arrange the former under
appropriate heads.
2. To prepare for publication side and head notes for reference.
3. To add notes referring back to such previous legislation as
may be modified or repealed, and notes giving the decisions of the
Supreme Court since the last publication of the Acts upon the subject
matter of each act of a public nature.
4. To prepare and append a copious index.
5. To furnish the Public Printer with a fair copy of all work
required of him in the preceding portion of this Section within
forty days from the adjournment of the session.
6. To read the proofs of the same, and carefully compare then\
with the certified copies.
§ 1047. If a Compiler fails to perform his work in the time
allowed he forfeits his compensation, unless in the opinion of the
Governor he has a satisfactory excuse.
§ 1048. If he dies or becomes disabled before completing his
work, and so as he can not finish it within the time prescribed, the
Governor shall appoint another Compiler to finish it, and appor-
tion the compensation ratably between them,
§ 1049. He is under the supervision of the Governor, and must
enter upon and continue in the discharge of his duties as the
Governor may order, and shall receive for his services compensa-
tion to be fixed by the Governor, not exceeding [seven hundred
and fifty dollars ; provided the Compiler shall employ such assist-
ance as may be requisite to have the Laws ready for distribution
in the shortest possible time, to be judged of by the Governor.] (a)
Duty of
Cominler.
Failing to
perform his
work.
If he dies or
becomes dis-
abled.
His com-
pensatloB.
CHAPTER IV.
DISTRIBUTION OF THE LAWS AND JOURNALS AND OTHER DOCUMENTS.
Section.
1050. Laws and Journals to be distributed
1051. Number of copies for each County.
1052. Five copies Journals for eachCounty
1053. Clerk to keep two bound Journals.
1054. Reserved copies of Laws.
1055. Acts of Congress for each County.
1056. Distribution — how let out.
Section.
1057. Distributors must give bond.
1058. Damages for breach of bond.
1059. Bonds — where filed.
1060. When Gov. may appoint distributors
1061. Residence of distributors.
1062. Distribution in advance.
(a) Acts of 1865-6, p. 251.
204 PT. 1.— TIT. 10.— Public PRiNTma.
Chapter 4. — Distribution of the Laws and Journals and other Documents.
§ 1050. After the Laws and Journals are compiled, printed,
Laws and bound, and delivered to tlie State Librarian, he shall, under the
Joui-nals to • • n t r^ ^ i t '^ i i
be distribut- supervision ot the (jrovernor, cause them to be distributed to the
several Counties of this State.
§ 1051. Each County is entitled to one copy of the Acts of the
Copies of General Assembly for each civil officer, both judicial and minis-
each County terial, to be distributed by the Clerks of the Inferior Courts
under the order of the Justices.*
§ 1052. Each County is entitled to [ten] (a) copies of the Jour-
copies of nals of each branch of the General Assembly, which are to remain
Journals for .., ^ ntr^iifTTn-r^
each County, on dcposit m the office of the Clerk of the inierior Court, and to
which the citizens of the County shall have free access; also a
copy of the Laws and Journals for each member of the General
Assembly.
§ 1053. Two of the copies of the Journals of each branch of
Journals to the General Assembly shall be as well bound as the "Acts" — one
be bound. r-i
by such Clerk at the expense of the County, securely kept, and
not permitted to go out of his office.
§ 1054. The Librarian shall reserve five hundred copies of the Acts
copfes!^^^^^^ for such further distribution as the General Assembly may order.
§ 1055. Each County is entitled to two copies of the Acts of
Congress. ^^ Cougrcss, to be kept in the office as the Journals are.
§ 1056. Immediately upon the adjournment of each session he
Advertise- shall advcrtisc in one paper in the cities of Augusta, Atlanta,
tribute Laws Athens, Columbus, Macon, Milledgeville, Rome, and Savannah,
for proposals to distribute the Laws and Journals and other books
and documents required by law to be distributed, for one distribu-
tor of such for each Congressional District within sixty days
from the time received.
§ 1057. Before beginning the work each distributor shall give a
Distributor boud, with 2;ood security, in the sum of five hundred dollars, to be
to give bond. ' o . . .
approved by the Governor, conditioned for the prompt and faith-
ful delivery of the books (specifying them) to the Clerks of the
Inferior Courts of the several Counties therein named within thirty
days from their receipt.
§ 1058. If not done within the time and in the manner, the
Damages wholc boiid is recoverable as liquidated damages, providential
for breach of ■■■ o -' x
bond. causes only excepted.
* See Acts of 1861, p. 75. (a) Acts of 1861, p. 75.
PT. 1.— TIT. 11.— Public Defense:.
205
Chapter 1. — Persons Subject to Military Duty, Exemptions, etc.
8 1059. Sucli bonds must be filed and recorded in the Executiye Bond filed
" and recorded
Office.
§ 1060. If no person applies for the distribution of any district, Distriimtor
o 111 t/ / — when ap-
tlie Governor is authorized to appoint such distributor. pointed.
81061. The Librarian is required to select an applicant for a Preferred
" -"- distributors.
Congressional District, if physically and mentally capable of the
service and gives the requisite bond and security.
S 1062. rSo soon as the Laws are ready, notice of the fact pistnimtion
" L . ,/ ' m advance,
being given in the papers at Milledgeville, the number of copies -
assigned to any Count}'- shall be delivered to the order of the
Clerk of the Inferior Court of said County, or sent as may be
directed by him, in advance of the distribution hereinbefore pro-
vided for.] (a)
TITLE XL
PUBLIC DEFENSE.
CHAPTER L
PERSOKS SUBJECT TO MILITARY DUTY, EXEMPTIONS, ETC.
Section.
1063. Persons subject to military duty.
1064. Persons exempt.
1065. Officers of militia — when exempt.
1066. Non-commissioned officers, etc.
1067. Persons employed on vessels, etc.
1068. Persons subject must be x'egistered.
1069. Oath of persons, etc.
1070. May perform service or pay tax.
Section.
1071. Commutation tax — how avoided.
1072. Compaxiy drills — four in each year.
1073. Volunteers exempt from road duty,
1074. Amount of commutation tax.
1075. Receipt therefor.
1076. Transient persons — when subject.
1077. Free men of color — how subject.
§1063. All able-bodied free white male citizens betvreen the who are
ages of twenty-one and forty-five years, residents in this State, mmtTry dS
and not exempted by this Code, are subject to military duty. ^^'
§1064. The following exemptions shall be recognized — viz: who are e -
1. The chief officers of the several Executive Departments of ^™''*'
State.
2. Judges of the Supreme, Superior, and City Courts, Justices
I
(a) Acts of 1865-6, p. 351.
206 PT. 1.— TIT. 11.— Public Defense.
Chapter 1.— Persons Subject to Military Duty, Exemptions, etc.
of the Inferior Courts and of the Peace, SheriiFs and deputies,
Clerks of Courts, and Ordinaries.
8. Members of the Legislature during the term for which they
shall be elected, officers of the Legislature during its session and
for seven days before and after the same.
4. Persons employed on railroad trains, and repairers of rail-
roads, operators and messengers of telegraph companies, post-
masters and persons employed in post-offices and the transporta-
tion of the mails.
5. Ferrymen, bridge and toll gate keepers, and public millers.
6. Ministers and preachers of the gospel, professors and stu-
dents, and tutors in all colleges.
7. Aliens and persons not qualified to vote for members of the
Legislature.
8. All persons exempted by the acts of Congress.
9. All persons on the payment of the commutation tax pre-
scribed by this Code.
10. All officers and non-commissioned officers of the militia
who may entitle themselves to the privileges as hereinafter pre-
scribed.
11. Active members of volunteer corps after a prescribed term
of service.
12. Regular members of any fire department or organization
connected therewith.
§ 1065. Company officers of the militia who shall uniform and
Militia of- equip themselves according to the regulations prescribed for the
exempt. drcss and uniform of the army of the United States, and shall
serve in their respective stations continuously for the term of eight
years, shall not be liable to be called on for military duty there-
Exception, after, except in case of war, insurrection, rebellion, or invasion.
§ 1066. Every non-commissioned officer, musician, or private,
Non-com- of cverv uuiform volunteer corps, who shall uniform and equip
missioned , . ,^ , , r> i n
officers, himself and whose term of service shall amount to seven years,
musicians ^ '^
^^iea ^^^^' ^^^^^ ^^^^ ^® exempt from military duty, except in case of war,
Exception, rebellion, insurrection, or invasion.
§ 1067. Every person employed by the year or season on board
o^'^vlsS ^^y vessel, or in the merchant service, or coasting trade, all pi-
Sores,' facto- iots and stcvcdores, persous employed in any blooming furnace,
Sempt?^^"^^' OY glass or porcelain factory, cotton or wool mill, shall be exempt
Exception, from militia duty, except in cases above enumerated.
PT. 1.— TIT. 11.— Public Defense. 207
Chapter 1. — Persons Subject to Military Duty, Exemptions, etc.
§ 1068. Receivers of Tax Returns shall, at the time of receiv-
ino" returns of taxable property from the citizens of this State,
insert in appropriate columns in their digest the following par-
ticulars — viz :
1. Whether the tax payer is himself subject to militia duty. tS^piyS.^^
2. How many in his employ, or members of his family, are his family
•^ \. %i ' ^ ' an(j employ
subject. ees.
3. The cause of exemption, if any exists. exem tion"^
4. The company district or beat to which the tax payer belongs, ms district.
5. The amount of commutation tax charo^eable to him instead Also amount
'-' of his com-
of personal service ; and the amount so charged shall be collected mutationtax
by the Tax Collector and paid over to the Treasurer of the State tio^^S™^!!!-
with the general tax, and shall constitute the military fund of the Tax coiiec^
State.
§ 1069. No Receiver of Tax Returns shall enter an exemption cause of
" ■'• exemption to
from military duty against the name of any person without due ^^ ^Jth"^^^*^
proof of the existence of the cause on which the exeinption is
claimed, and to that end the following clause shall be added to
the oath administered by the Receiver of Tax Returns: "And
that I believe myself exempted from militia duty in this State for
and on account of the cause set forth in this return."
§ 1070. Every citizen subiect to military duty may perform the Personal
•^, ^ .. service in
same in lieu of paying the taxes herein prescribed, but the certifi- lieuoftax.
cate of the captain or commanding officer of the company to
which he belongs and in which he is actually enrolled shall be
the only evidence which the Tax Collector is authorized to receive
in place of the amount charged on the Receiver's digest, and the certificate
production of which shall be noted by the Tax Collector on his collector.
return, and he shall be allowed the same in settlement.
§ 1071. The captain or commandins; officer in each company command-
. ' ^^ • .. i"o ofScers
district shall enroll, from time to time, all persons in the limits to enroll
■•• those in hi8
of the district subject to military duty, and shall, without delay, district.
notify such persons of their enrollment, and shall give a certifi- Notice to
cate to each person performing military duty that he has faithfully
performed the same, according to the requirements of the Code,
for twelve months preceding the 31st day of December in each
and every year, and such certificate shall be produced at the
time of returning his taxable property, and on failure so to do. Failure to
the commutation tax for militia duty shall be charged against him ^mtlS, ^^^'
on the book of the Receiver of Tax Returns.
208 PT. 1.— TIT. 11.— Public Defense.
Chapter 1. — Persons Subject to Militar}^ Duty, Exemptions, etc.
§ 1072. Captains of companies shall cause to be mustered for
captfiins parade and drill all persons within their company districts who
muster com- ■■■ ^ ^ i. */
Smef each ^^ ^^* P^^ ^^® Commutation tax, the only proof of which paj-
year. meut shall be the receipt of the officer authorized to collect the
Evidence samc, and who are not otherwise exempt, at least four times in
of pavmenj; ^ • ^
of commuta- eacli joar, at such times as they may direct ; but there shall be
an interval of at least one month between each muster, and they
Company shall file a copy of their company roll with the Clerk of the Infe-
rior Court immediately after the muster which succeeds the closing
of the books of the Receiver of Tax Returns, for which service
they shall respectively receive the sum of one dollar.
§ 1073. Members of volunteer corps actually in uniform and
compensa- doiuff dutv, and the field and staff officers of volunteer reg-iments
tlon therefor o ./ ' . ^ ^ i
and battalions, so long as they remain such, shall be exempted
Those who from road and patrol duty, and taxation upon property by any
are exempt .., . , iii-i-i«-i-i
from road municipai corporation, except such as shall be liable to taxation
and patrol , , . r ^ a
diity. by law to raise a revenue lor the fetate.
§ 1074. The commutation tax for non-performance of militia
Commiita- duty shall be ten per cent, upon the State tax, provided it shall
per cent, on alwavs amouut to twcntv-five cents, and shall be collected and
state tax. .-^ *1 im
paid as other taxes are collected and paid into the Treasury ; the
amount thus raised shall be set apart as a separate fund charge-
able with the entire military expenses of the State.
§ 1075. The Tax Collector's receipt to the tax payer shall dis-
Payment to tinctly specify the payment of the commutation tax for militia
in coiiec- duty, whenevcr paid, in order that the same be made available in
' case of enrollment by the captains of militia districts or beat
companies.
§ 1076. Transient persons having a place of business, and doing
Non-resi- busiucss in tlic State, but having no residence or home therein,
dents doina; tit •^• • ^ i n •^
business in are liable to militia duty, and on lailure to pay the commutation
the State li- . . .
able to miii- tax, or perform military service, shall be liable to an additional
tary duty. 7 r ./ 7
penalty not exceeding twenty dollars, to be adjudged by any court
martial, within whose jurisdiction they may happen to be for a
period of ten days.
§ 1077. Free men of color above the age of sixteen years, un-
Free men less belonsclnsi; to the fire department, shall be subject to the call
of color sub- T . . . . .„ , 1-1
jectasmusi- of any voluntecr military organization, if there be one m the town
cians. / . . .
or city of their residence, in the capacity of musician, pioneer,
mechanic, or servant, and if there be be such volunteer organiza-
PT. 1.— TIT. 11.— CHAP. 2.— Public Defense. 209
Article 1. — Militaiy Force — how Composed.
tion, then to the militia in one of the aforesaid capacities, and
they shall be entitled to the usual waores for the practice of such Entitled to
«/ . . wages.
occupations ; but on failure so to attach themselves, when required
so to do, they shall pay to the Clerk of the Inferior Court, for the serve.^°^
use of the County in which they reside, the sum of five dollars.*
CHAPTER II.
MILITARY ORGANIZATION
Article 1. — -Blilitary Force — liow composed.
Article 2. — The Volunteers.
Article 3. — Cavalry Corps.
Article 4. — The Militia.
Article 5. — Elections.
ARTICLE I.
military force— how composed.
Section. i Sectiox.
1078. The military force of the State. I 1079. The engineer corps of the Stat€.
§ 1078. The military force of the State embraces the Georgia Military
Military Institute, the volunteers, and the militia, to which may
be added such military schools, when the institution is of a mili-
tary character, as may avail themselves of the provisions herein
embraced.
§ 1079. The Georgia Military Institute constitutes the engineer The engi-
corps of the State, and the officers in the Institute having jjiili- °^^^ '^°^^^'
tary rank in the academic staff (cadet officers excepted), shall be
commissioned as such according to their respective grades. (See
Military Institute.)
"^ This section retained because specially enacted by Acts of 1865-6, page 227,
although it would seem to be conti'ary to the Constitution, and laws changing
the status of free persons of color,
14
210
PT. 1.— TIT. ll.-CHAP. 2.-^PuBLic Defense.
Article 2.— The Yolunteers.
ARTICLE II.
HE VOLUNTEEES.
Section.
1080. Volunteer forces of the State.
1081. Battalions in respective Counties.
1082. Their rights, privileges and duties.
1083. Number of officers, etc., necessary.
1084. Companies— how organized.
1085. Arms, etc., supplied— when.
1086. Discipline and exercise prescribed,
1087. Must make annual returns.
1088. Independent companies disbanded,
1089. Resignation of captain.
1090. Regiments and battalions, etc.
1091. May adopt by-laws.
Section.
1092. Fines— how imposed and collected.
1093. Elections— by whom ordered.
1094. When by Commander-in-Chief.
1095. Commissions vacated— when.
1096. Suits on bonds of officers.
1097. Disbanded companies, etc.
1098. Artillery companies received, etc.
1099. Volunteer companies corporate.
1100. Courts Inquiry and Courts Martial,
1101. Volunteers exempt, etc.
1102. Cumulative provisions.
Battalions,
regiments,
etc.
§ 1080. The volunteers consist of sucli corps, uniformed and
Thovoiun- equipped, as now exist, or may hereafter be formed in this State.
teer force, ± ± i. ^ 7 ^
They may organize themselves into companies, battalions, regi-
ments and brigades, at their option ; but the whole volunteer force
shall constitute one or more divisions conforming to the organiza-
tion of the United States Army, except when otherwise prescribed
in this Code. As soon as such shall be organized, they shall be
reported to the commander-in-chief, and shall remain permanent
until changed by his approval or by special enactment.
§ 1081. Battalions and regiments shall be organized always
within the limits of their respective Counties, if there are compa-
nies enough in a County ; if not, then to be added to from adjoining
Counties, unless companies in other Counties are more accessible,
to be judged of by the commander-in-chief.
§ 1082. When thus organized, they have the same rights, privi-
Eights and leges, and are subject to the same duties as such organizations in
cities. If there are not cornpanies enough in a city to form a
battalion or regiment, it may be formed by the addition of other
companies in the same County, if such exist, and if not, then from
adjoining Counties.
§ 1083. Volunteer corps may be formed any where within the
corIsfo?med State, and may consist of citizens of the same or adjoining Coun-
of the^st^aS ^^^^' Such as may hereafter be formed shall number at least forty
privates, nine non-commissioned officers, four commissioned officers,
with such musicians as they may deem sufficient.
§ 1084. When the requisite number of members are enrolled,
their first duty shall be to uniform themselves according to the
PT. 1.— TIT. 11.— CHAP. 2.— Public Defense. 211
Article 2. — The Volunteers.
©revisions of tkis Code ; they shall then notify the commander-in- wheu en-
r ^ ./ 1/ rolled to re-
chief of the number enrolled and uniformed, who shall order an T>ort to com-
viixwx w , marider - in-
•^lection for captain and subaltern officers under such superinten- ^^^®f-
dence as he may prescribe, and the superintendents shall transmit
the return of the same to the Executive Department, and the ^ J^^^^gl^'^ ^^
'Governor shall commission the officers elected, unless the election
is contested ; in which case, if in the opinion of the Governor there
be sufficient grounds to set the same aside, he shall order a new
election.
§ 1085. Arms and accouterments shall be supplied to the vol- Arms, etc.,
. , . p ., , ... , to be sup-
unteer corps, whether umiormed or not, oy requisition on the pHed to aii
, , , T volunteer
Governor, in such manner and upon such terms as he may direct, corps.
from the quota of arms distributed to the several States under the
laws of Congress, or from other arms belonging to this State.
§ 1086. The system of discipline and exercise shall, as near as Digcipuue
may be, conform to that prescribed for the army of the United ^fg^^ ^^^^'
States, from time to time, by Congress, but the commander-in-
chief may direct such text books for use as a guide in such arms
as he may think proper, and no other weapons of war than such
as are used by the soldiers of the army of the United States, i^™^'^ to
•^ "^ ' confoim to
except by order of the commander-in-chief, shall be used by the f^H'^^ "^ ^*
volunteers.
§ 1087. All volunteer corps, except such as may be organized independ-
into regiments, shall make a full return to the Governor of the make"p!iniiai
number of men in each corps actually in uniform, the number and Governor. ^°
rank of the officers, the arms and accouterments in their possession
supplied by the State, and the number of suck as may be unfit for
use or expended in service, which return shall be made up to the
first day of May in each year, and signed by the captain of such
corps.
§ 1088. Whenever it shall appear to the commander-in-chief indepen-
that any independent volunteer corps is deficient in the number dfsbanded—
of men required by this Code to constitute a company, he shall
issue an order requiring the return of such equipments as may
have been furnished by the State, and disband such corps, but the Exception.
provisions of this paragraph shall not apply to any volunteer corps
formed previous to the adoption of this Code, or to any corps
attached to and constituting a portion of a regiment of volunteers.
§ 1089. The resignation of a captain of an independent volun-
teer corps shall not take effect until accepted by the commander- of l^iptuin?"
212 PT. 1.— TIT. 11.— CHAP. 2,— Public Defense.
Article 2.— The Yoliinteers.
in-chief, nor until a full return is made to the Governor of all the
arms and accouterments received from- the State and in possession
of the corps under his command, inventoried and ready to be
turned over to his successor, and as often as a captain is elected
he shall receipt to his p edecessor for the arms and accouterments
so turned over to him.
§ 1090. When volunteer corps are organized into a regiment or
Eetm-usof a battalion, the coroiDany returns shall be made to the adiutant.
regimental . . o ^
companies, and bj him forwarded to the Executive Department.
§ 1091. Volunteer corps may adopt their own by-law^s and reg-
Gompanies ulatioHS, not inconsistent with the laws of the State or military
bj4aws, etc. laws or usagc, and may adapt them in such mode as they see
proper to their organization into a regiment or a battalio-n. The
commander-in-chief shall prescribe the uniform of volunteer corps,
and in all matters not provided for in this Code such corps shall
be governed by military law and usage and the custom of the army
S^SpSi! of the United States, so far as they can be made applicable.
§ 1092. All fines for delinquencies in military duty shall be
Fiuestobe assessed by regimental, battalion, or company courts martial, as
courtmartiai the case may be, and be collected by execution under the hand and
seal of the President of the Court, and directed to the Sheriff of
the County in which the delinquent resides, and the Sheriff shall
be entitled to such costs and subject to be ruled in the Superior
Court, and the execution shall have like form and effect as in civil
cases. The Sheriff may procure the service of such executions by a
Bailiff, he being responsible therefor as though it were his own act.
§ 1093. All elections for officers of the volunteers and to fill
Election for vacancies shall be ordered by the officer within whose immediate
haw ardered commaud the vacancy to be filled occurs. For subalterns, by
captains of the companies in which the vacancy exists, unless the
company be attached to a battalion or regiment ; for regimental
officers, by colonels ; for colonels, by the brigadier-general of the
regiment, he being attached to a brigade ; for brigadier-general,
by the general of division.
§ 1094. In case of a regiment not attached to a brigade, or of a
Eiection&in-com.pany not attached to a regiment or a battalion, elections for
an mdepen-. ju e/ o ^ ^
dent regi- eolouel and captain shall be ordered by the commander-in-chief,
company, ^j^^ whcn an independent battalion exists, not belonging to a
regiment or brigade, the election for its commander shall be ordered
by the comniander-iR-chief.
PT. 1.— TIT. 11.— CHAP. 2.— Public Defense. 218
Article 2. — The Volunteers.
§ 1095. Whenever a volunteer corps is disbanded, tlie commis- _ commis-
Sxons to ^x~
sions of its officers shall be vacated, but they shall, nevertheless, piie— wiien.
be liable to suit on the bond executed for the safe keeping and
delivery of the arms entrusted to then^, /by the State, if there
should be a breach thereof.
§1096. Suits on the bonds of officers of volunteer companies suife on of-
fer arms and accouterments shall be brought under the direction
of the judge-advocate-general, in whose office such bonds shall be
filed for safe keeping.
§ 1097. When any volunteer corps disbands of its own accord, corps voi-
Tintarily <iis-
the members thereof shall cause the fact to be reported to the banding.
eommander-in-chief, and they shall forthwith deliver to some officer
of the quartermaster-general's department all the public property
in their possession, and upon filing his receipt therefor with the
judge-advocate-general, a discharge shall be entered on their bond.
§1098. Whenever the commanding officer of any volunteer $200 to be
artillery company in this State shall certify to the Governor that Snery'eo^
there are sixty active members, officers and privates, upon the
muster roll of such company, (a copy of which muster roll shall
accompany the certificate,) and that said company has been exer-
cised in the field with its guns for not less than two hours at each
drill, and not less than tvfelve drills in each year, the Governor
shall draw his warrant upon the Treasurer of the State for the
sum of two hundred dollars, to be paid into the fund of said com-
pany; lorovided^ nevertheless^ that the provisions of this Section
shall not extend to more than seven companies, not including such
companies as may be already organized, and who may comply
with the provisions of this Section.
§ 1099. Volunteer companies of infantry, cavalry or artillery, volunteer
. ^ ^ . . companies
which have been or may hereafter be organized, with not less mcoi-parat-
than forty members, and have their officers duly comrjaissioned,
are made a body corporate and politic, under their respective
names and styles, and made capable in law to sue and be sued, to
plead and be impleaded, to have a common seal, to hold property,
real, personal or mixed, and to pass such by-laws, rules and regu-
lations as may be necessary for their government, not inconsistent
with the laws and Constitution of this State or the United States.
§ liOO. Courts of inquiry and courts martial, for companies courts of
inquiry and.
incorporated by the provisions of this Code, shall be constituted cp"-^rts mar-
aad regulated by the laws in force relating to volunteer companies.
214
PT. 1.— TIT. 11.— CHAP. 2,— Public Defehss.
Article 3. — Cavalry Corps.
§ 1101. Each member of any company incorporated by the
Members provisions of this Code sball be exempt from road or militia duty,
corps ex- except siich as may be required of tbem as members of their
empt from , .^ , • , • c - ,• •
road ormiii- rospcctive companies, aK^/ji except m tmaes oi msurreetion, invasion^,
rebellion, or ^yar ; j)rovided, the commanding officer of any com-
pany so incorporated shall have recorded in the offices of the
Clerks of the Superior and Inferior Courts of their respective
Counties, a full and complete list of the members of their com-
pany, and that the above exemption shall continue no longer than
actual membership.
§ 1102. The five preceding Sections shall be held to- be cumula
Certain sec- tive to any act already passed, conferring privileges upon any
lative. company now existing under the laws of this State, or which
may hereafter be organized.
ARTICLE IIL
CAVALRY CORPS
Section".
1103. A squadron of cayalry defined.
1104. How organized.
1105. AVhat constitutes a troop, etc, -
Sectton.
1106. Parade- and drill.
1107. Eines for non-attendance.
§ 1103. A squadron of cavalry shall consist of not less thaifc
Squadron, two or more than five troops, and shall be commanded by a major,
elected by the commissioned officers of the troops composing the
squadron. He shall appoint his own staff, and determine his own
uniform and that of his staff, with the approbation of the com-
mander-in-chief.
§1104. Any two or more troops of cavalry, having regard to
Two or their neighborhood and facility of communieation with each other,
may form a may Unite to form a squadron, and whenever such formation is-
determined on they shall report the same to the commander-in-
chief, who shall thereupon order an election for major, at such
time as he may think proper, and shall issue a commission to the
officer elected.
§ 1105. Each troop of cavalry shall consist of forty men
Arms, besides the captain, uniformed and mounted; they shall be armed
with cavalry sabers or broad swords, and dragoon holsters, or
PT. 1.— TIT. 11.— CHAP. 2.— Public Defense.
215
Article 4.— The Militia.
such other pistols as the commander-in-chief may direct, and may
,;
carry a carbine at their option.
§1106. The major commanding a stj'uadron of cavalry shall Majortopa-
parade and exercise the same, either in squadron or detachment, ron or de-
, . , f, . , TIT tachmcntan-
at least once m each year, tor a period not exceeding three days nuaiiy.
at any one parade, after the arrival at the place of rendezvous.
Orders for such parade may be given verbally at any parade, or
by writing. Commissioned officers shall have twenty, non-com-
missioned officers and men ten days' notice.
§ 1107. Fines for non-attendance or delinquency at any squad Fines for
drill, or parade, or muster, shall be imposed by a court martial, to ance at
be ordered by the officer commanding the squadron, but they shall dniis.
not exceed double the amount imposed by the regulations of the
troops of. which the delinquent is a member, for offenses of
like character, and shall be collected as provided in Section 1092.
ARTICLE IV.
THE MILITIA.
Section.
1108. The militia of the State.
1109. How organized.
1110. Companies — how organized.
1111. Grade of militia officers.
1112. New divisions, etc. — how created.
Section.
1113. Regiments — how organized.
1114. Non-commissioned officers.
1115. Captains make return to adjutant.
1116. Notice of drills — how given.
1117. Register of commissioned officers.
§1108. The militia of the State consists of aAl persons not Themiutia.
heretofore classified within its limits subject to military duty, and
not exempted therefrom by the acts of Congress or the laws of
this State, or belonging to some volunteer organization.
§ 1109. The militia shall be organized into companies, battal- Organizaiion
o ••■ ' — now num-
ions, regiments, brigade's, and divisions, which shall be numbered ^^pf^atedin
commissions
throughout the State, by order of the commander-in-chief, in
such manner that every corps of the same denomination shall
bear a different number, by which number every company, dis-
trict, regiment, brigade, or division, as the case may be, shall be
designated in the commissions of the officers commanding the
same.
§1110. If, from exemptions, there are not persons enough lia- Deficiency in
,. ,.. ^ numbers in
ble to do militia duty m any district or beat, a company may be any district
. . . r J ^ company.
organized of those so liable from adjoining districts or beats, of
216 PT. 1.— TIT. 11.— CHAP. 2.— Public Defense.
Article 4.— The Militia.
not less than forty nor more than one hundred, under the direc-
tion of the colonel of the regiment ; and when so done, must be
accurately reported.
§ 1111. The following grades of militia officers shall be recog-
Grades of nizcd I Commandinfii; each division, a maior-s^eneral ; each bri-
gade, a brigadier-general ; each regiment, a colonel, lieutenant-
colonel, and major; a separate battalion, a major; each company,
a captain, first and second lieutenants, and ensign. Wherever
other grades exist, they shall continue until the same becomes
vacant, when they shall respectively cease and determine.
§ 1112. New divisions and brigades shall be created by the
New divis- Legislature ; regimental and company districts by order of the
brigades, commandcr-in-chief, on the report of the officers commanding the
—regimental .....
and compa- companics in the resrimental district, but in all cases, when prac-
ny districts. _ •*• ... .
ticable, the regimental district shall be coterminous with the
County in which it is situated.
§ 1113. There may be two or more regiments in the same
Twoormore Couuty, and two or more Counties may be united to form a regi-
regiments , ii« i i i • i n i ^
may be in mcut, Quc regard being had to the proportion thereoi ; but the
same County .. •i-i-ii^Tn it t i
existing arrangement m this behali shall not be disturbed except
by the Legislature, unless upon application of those interested
therein.
§1114. The captain of each company shall divide his company
Captain to into four squads, as nearly equal as may be, and appoint one fit
pany into and propcr person in each as sergeant, and one as corporal, and
he shall also Sjpplsint a first'ft,sergeant : they shall be responsible
for the proper distribution of all orders, and may be removed by
a compare court n^artial for proper.cause. ,.
§1115. Each'' captain of a militia Company shall make out and
Eeturnsto dclivcr to the adjutant of the regiment to which he belongs a\full
captain to rctum of the number and names of th^ men belonging to his
company, on the. first day of May in each year, for which he shall
receive such compensation as is paid to the takers of the State's
census, to be paid out of the military fund.
§ 1116. A non-commissioned officer, or any other person ap-
Summons poiutcd for the duty, may warn persons subject to militia duty to
—by whom appear at parades, musters, or drills, and he shall be furnished
"^ ' with a list of persons to be warned. Such warning may be given
verbally to the party in person, or by leaving a written summons
at his most notorious place of abode ; but the party may claim
PT. 1.— TIT. 11.— CHAP. 2.— Public Defense. 217
Article 5.- "^s^lie bns.
.x/
his exemption at the time of such warnillg and produce to the
warning officer the evidence thereof, which may be his own oath
or such other evidence as may establish the fact, and it shall be
the duty of the warning officer to enter the exemption claimed
against the name of the party on his list.
§ 1117. Each colonel of a militia regiment shall, by himself Roster of
,.-,. T T c IT 1 • ' 1 m o&cers to be
or his adiutant, keep a roster or list ot all the commissioned offi-kept by
'J ^ ir ^ colonel.
cers of his regiment below the rank of captain, and shall revise
and correct the same as often as may be necessary, and annually,
on or before the first day of June, shall forward to the Secretary
of State copies of the returns so delivered to the adjutant of his
regiment, as well as a copy of the roster above mentioned, and
for habitual failure in the premises, shall be liable to be tried by
a general court martial and cashiered, or otherwise punished, as
said court may direct.
ARTICLE V.
ELECTIONS.
Section.
1118. Election of militia officers.
1119. Notice of— how given.
1120. Voters failing to attend.
Section.
1121. A plurality of votes will elect.
1122. Elections— by whom ordered.
§1118. All elections of militia officers shall be by the people; Mmtiaoffl-
CGI'S to t)S
of captains and subaltern officers, by the people of the several elected by
company districts subject to do militia duty ; of field officers, by
the citizens of the Counties subject to military duty under the
command of such officers ; brigadier and major-generals, by the
citizens of the respective brigades and divisions subject to mili-
tary duty under such commander of the brigade or division, and
may be superintended by a Justice of the Peace and a freeholder,
or by two freeholders or two military officers, as the authority howTewr"
ordering the election may see fit to prescribe.
§1119. Notices of such elections may be given as follows: By Notices of
iT;'« 1 • 1 11 electio n —
publication m one or more gazettes, by notice at the usual place how given.
of posting legal notices, or by orders published at parade or drilL
Twenty days' notice shall be given of the time and place of the
election of any officer below the grade of brigadier-general.
§ 1120. In case of voters failing to attend at any election for
militia officers, and no vote shall be polled, it shall be the duty
218
PT. 1.— TIT. 11.— CHAP. 2.— Public Defense.
A}e 4.--i 5. — Elections.
New eiec- of the Superintendents to return the fact to the Executive Depart^
tion ordered ■*■
or officer ap- xnent, with a statement of the interval allowed for the reception
pom ted — _ •'■
when. of yotcs ; whcrcupon the commander-in-chief may, in his discre-
tion, order a new election or appoint an officer to fill the vacancy,
and commission him accordingly.
§ 1121. At all elections of militia officers, the person having
Plurality the hiffhcst numbor of votes shall be declared elected, and every
of votes to ° ^ ^ ^ -' ♦^
elect. officer to whom a commission shall issue shall declare to the Ex-
ecutive Department, within a reasonable time after its reception,
his acceptance or declension of the same. After two months have
elapsed, he shall be deemed to decline unless he shall have uni-
formed and equipped himself.
§ 1122. All elections for militia officers of and above the rank
Elections of Captain shall be ordered by the commander-in-chief, and below
for officers ^ -^ . ' .
above rank that rank by the captain, or those actincj as such, and on failure
of captain. »^ . .
to elect, such captain or the commanding officer of the company
may complete the same by appointment, and such appointees shall
be commissioned as in case of elections. All officers of the military
force of this State shall be commissioned by the Governor, whether
of the line, field, or staff. The commission of staff officers, except
the chiefs of the staff department, will expire with the commissions
of the officers on whose staff they may be appointed.
CHAPTER III.
ORGANIZATION OF THE STAFF OF THE MILITIA.
Section.
1123. Staff department of the militia.
1124. Of the Commander-in-Chief.
1125. Military duties of Secretary of State.
1126. Staff of division.
1127. Battalion entitled to a staff—when.
1128. Secretary of State.
Section.
1129. Paymaster-Greneral — his duties.
1130. Expenses of Staff department.
1131. Accounts for military service.
1132. Chief of each staff— his duties.
1133. Secretary of State chief of staff.
1134. Governor shall appoint three aids.
§ 1123. The staff departments of the militia shall be as follows —
staff depart- yiz
ments of the
militia.
1. The Secretary of State's department.
2. The Quartermaster-General's department.
3. The Commissary-General's department.
4. The Paymaster-General's department.
5. The Judge-Advocate-General's department.
6. The Surgeon-General's department.
PT. 1.— TIT. ll.~PuBLic Defense. 219
Cliapter 3. — Organization of the Staff of the Militia.
§ 1124. The chiefs of the several staff departments shall he chiefs of
■*■ staft depart-
attached to the staff of the commander-in-chief. ments at-
tached — how
§ 1125. [The office of the Adjutant and Inspector General is
abolished, and the duties heretofore required of that officer shall
hereafter be performed by the Secretary of State — to-wit : Hel (a) Military du-
shall reside and keep his office at the seat of Government. He tary of state.
shall obe}^ all orders given him by the commander-in-chief in rela-
tion to the duties of bis office, and keep a fair record of all orders
and communications vfhich he shall receive from time to time. He
shall require annual returns from the major and brigadier-generals,
from which he shall make out a general return of the whole strength
of the militia and forces of the State. He shall provide accurate
abstracts of annual returns for divisions, brigades, regiments, and
companies, both of the militia and volunteers, which forms, when
made out, shall exhibit the strength of arms and accouterments,
equipments, and munitions of such divisions, brigades, regiments,
and companies, and a description of the corps composing the same;
and shall transmit these abstracts for annual returns to all officers,
who are required to fill them at such times as may be designated
in general orders. All military orders and commissions shall pass
through his office. He shall lay before the Governor every com-
munication he may receive on military affairs requiring Executive
action. He shall attend all public reviews when the commander-
in-chief shall review any portion of the forces or the whole of
them. He shall, whenever required by the commander-in-chief,
inspect the arsenals and armories of the State, which shall be
under his charge ; and all applications for the distribution of arms
shall be made to him. He shall also act as inspector-general of
the State, and shall, whenever ordered by the commander-in-chief,
inspect any portion of the military forces of the State.
§ 1126. The division staff shall be constituted as follow^s : A Division
division inspector, with the rank of lieutenant-colonel, two aids-de-
camp, one quartermaster, one judge-advocate, and one surgeon,
each with the rank of major, to be appointed by the major-general.
The brigade staff shall consist of a brigade inspector, with the rank Brigade
of major, one aid-de-camp or quartermaster, each with the rank of
captain, to be appointed by the brigadier-general. The regimental
staff shall consist of an adjutant, a quartermaster, a paymaster, stefff^^^*'^^
(a) Acts of 1865-6, p. 227.
220 PT. 1.— TIT. H.—PuBLic Defense.
Chapter 3. — Organization of the Staff of the Militia.
commissary, judge-advocate, and surgeon, each with the rank of
lieutenant, to be appointed by the colonel of each regiment.
staff of § 1127. In case of a separate battalion, the commandino; officer
independent p,, t ^ m i t ^
battalion. 01 the battalion shall be entitled to, and shall appoint a like staff
with the colonel of a regiment.
Arsenals, § 1128. The Secretary of State shall keep in order and control
magazines, •' ■■■
etc°u°nder *^^ arscnals and magazines of the State, attend to the due preser-
secretiy of ^^^'^^^ of the ordnanco, arms, accouterments, munitions of war,
state. ^j^(j implements of every description, the property of the State and
in its possession, and he shall at all times have the control and
disposition of the same for that purpose. He shall report annually
to the commander-in-chief the actual situation, condition, and dis-
position of all the ordnance, arms, and military property which in
any wise appertain to, or respect the department confided to his
keeping.
Paymaster § 1129. The paymastcr-geueral shall annually report to the
make'annuai commander-in-cliief all such matters connected with his department
reports.
as come to his knowledge, and all monej^s received by him shall
be deposited in the Treasury to the credit of the military fund,
and shall constitute a part of the same.
Chiefs 01 § 1130. Each chief of a staff department shall keep a true
staff depart- . . r> i • n i • i i n i i
ments to account 01 the expenses oi his department, which shall be reported
make quar- •
teriyreturns quarterly to the commander-in-chief, who shall draw his warrant
on the military fund for the same. An abstract of such warrants
shall be laid before the Legislature.
Accounts § 1131. All fees for military service shall be embraced in an
for military '^
services. account made out and certified by the ofiicer to whom the same
may be due, and delivered to the officer of the pay department
within the military organization where the same accrues, who shall
immediately forward the same to the paymaster-general.
jiirisdic- § 1132, The chief of each staff department shall, under the
of staff. direction of the commander-in-chief, have command over all subor-
dinate officers in his department, and shall, from time to time, issue
Blanks and orders and instructions for their government and practice, together
provided, with sucli printed blanks and forms as may be necessary to carry
all orders into execution.
Chiefs of § 1133. The Secretary of State shall be .the chief of the staff
organization. The quartermaster-general, commissary-general,
and paymaster-general, shall each rank as lieutenant-colonels, and
shall also be appointed by the Governoro The judge-advocate-
PT. 1.— TIT. 11.— Public Defense.
221
Chapter 4. — Courts Martial.
general and surgeon-general shall each rank as lieutenant-colonels,
but shall not be entitled to any commands (except in their own
departments) as such ; they shall be appointed by the Governor.
§ 1131. The Governor shall appoint three aids-de-camp, by
warrant, with the rank of colonel, but their warrant shall expire ^^^ etc,
with the G-overnor's term of office.
Aids to
the Govern-
CHAPTER IV.
COURTS MARTIAL.
Sectiojt.
1135. Courts martial — fines and penalties.
1136. Constitution and rules of.
1137. HoTV convened.
1138. Failing to attend court or parade.
1139. Refusing to attend court.
1140. Officers detailed, etc.
Section.
1141. Pecuniary penalties, how collected.
1142. jSTon-commissioned officers, etc.
1143. Cadets of the Georgia M. Institute.
1144. Fi.fas. for fines — proceedings.
1145. Duty of collecting officers.
1146. Disposition of fines, etc., collected.
§ 1135. Military forfeitures, fines, and penalties, shall be ad- courts mar-
. . , . T . 1 .,. tial to ad-
judged by courts martial, m accordance with military law and the J^f^ge fines,
usage of the army of the United States. Notices to officers
charged with offenses, to appear at a general court martial, shall
be personally served at least twenty days before the time pre-
scribed for holding court, and may be contained in the order apr
pointing the court.
§ 1136. The constitution of all courts martial shall be in accord- Constitution
ance with the regulations of the army of the United States, ex- courts mar-
cept where differently prescribed in this Code, and their mode of
proceeding regulated, as far as practicable, by the same rules, but
no court martial shall impose sentence of death on any offender in
time of peace, or imprison an offender (except for contempt) in
time of peace.
§ 1137. General courts martial shall be convened on the order General
of the commiander-in-chief ; they shall have cognizance of all mill- conveueci.
tary offenses, and shall not sit with less than five nor more than
thirteen members, except where supernumeraries are summioned,
but the acting members of the court shall never exceed thirteen.
Regimental courts martial may be ordered by a commander of a Eegimentai
regiment or battalion, to consist of three or more commissioned SdereJ and
officers of the regiment or battalion, at least, for trial of offenses "^^^
committed within the battalion or regiment, and company courts
222 PT. 1.— TIT. ll.—PijBLic Defense.
Chapter 4. — Courts Martial.
martial may assemble by the order of any captain of a company
for the trial and assessment of all fines for delinquencies at any
parade or muster, to consist of the commissioned officers of the
company.
§ 1138. Besides the penalties usually adjudged against military
Officers be- offonscs, officers of the militia shall be subiect to fine for non-
sides milita- ^
^■y jjj.i'^^°g^J; attendance at parade, drill, or muster, and for other non-perform-
ject tonne. ^xiQQ of duty, but no fine for absence at company parade, drill, or
muster, shall exceed ten dollars, exclusive of the cost of collecting
the same, except as herein provided.
§ 1139. If any officer charged with a military offense shall refuse
officersre-|Q attend a court martial convened for the trial thereof, the case
fusing to at- '
martial ^^^^""^ shall proccod as if he were present. Company courts martial may
proceed and assess fines without the presence of the delinquents,
provided they w^ere duly warned to perform the duty concerning
which they are delinquent.
§ 1140. Officers detailed on a general court martial shall be
Pay and paid the sum of four dollars per day during the time of their ac-
officers on tual session, and four dollars for every twenty miles in goina; and
seneral, reg- J ./ o o
fmeutai and returning therefrom, to be paid by the Governor by warrant, on
c m p any o ^ ^ i ./ ^ ^ ^ ^
courts. the necessary production of the certificate of the president of the
court. For regimental and comjjany courts martial the pay of
each member shall be one dollar per day, to be paid out of the
fines collected by the commander of the regiment, battalion, or
company.
Court may § 1141. Courts martial shall have power to punish contempts in
t)unish for .-i ' '^ l
contempt, the samo manner as civil courts.
§ 1142. Pecuniary penalties assessed by any court martial shall
Fines col- i^e collected by execution issued under the hand of the president
iected by "^ ■■■
execution, ^f ^fie court, and directed to the Sherifi" of the County in which
the delinquent resides, and shall have the same force and effect as
civil process of the same character, according to the laws of this
State.
§ 1143. Non-commissioned officers shall be degraded to ranks
Degraded. Only by Sentence of a company court martial.
§ 1144. Cadets of the Q-eorgia Military Institute must be tried
uS^''^^'^ according to the rules and regulations of said Institute.
§ 1145. All executions for the collection of any penalty ad-
EsecutioQto iudged by a court martial shall be returned to the officer issuinsi:
be returned o id ^ ?3
in 60 days. i\^q game, with the money collected thereon, or a return of no
PT. 1.— TIT. 11.— Public Defense. 223
Chapter 5. — Preservation of Order at Parades.
property to be found on which to levy the same, within sixty days
from the date of its issue ; and the Sheriff, on failure to make a
return, shall be liable to be ruled for the amount due on such exe-
cution, in the next Superior Court after such failure, in the same
manner as in civil cases.
S 1146. All officers of the militia receivinsr fines or pecuniary offlcersre-
•J a r */ ceivmg mo-
penalties, collected by execution, shall make a return thereof to J^J'^ collect-
the paymaster-general, or to such officer of his department as he
may designate, at least once a year, or oftener if necessary. The
paymaster-general shall lay an abstract of the same before the
commander-in-chief annually.
CHAPTER V.
PRESERVATION OF ORDER AT PARADES.
Section.
1147. Disturbing officer or soldier on duty
1148. By persons connected with military.
1149. Officer has power to arrest.
Section.
1150. Sutlers— duties and privileges.
1151. Intoxication on parade ground.
§ 1147. No bystander, or person not connected with the military, interfering
,,, , . ., ^Y, ,-,. -,., with officer
snail molest, interrupt or msult any omcer or soldier, while on or soldier on
duty.
duty, at any muster or parade, and the commanding officer, where
such offense may haj^pen, shall have power to confine such person
under guard until the close of such parade or muster, who is lia-
ble to indictment and conviction for a misdemeanor, to be punished
in the discretion of the court.
§ 1148. Any person connected with the military service of the insubordi-
o 1 1 n 1 •! r« T fv • 1 • 1 nation in the
btate who shall be guilty oi the onenses mentioned in the prece- military.
ding Section, or shall otherwise violate military order or decorum,
shall be arrested and punished at the discretion of a court martial.
§1149. The commander of companies, battalions or regiments, Command-
brigades or divisions, when on duty with their respective com- fi^e persona
^ ' . . disturbing a
mands or parts thereof, shall have power, in their discretion, to parade.
arrest and confine, not exceeding the period for which they were on
duty, any person who shall upon or near any parade ground, field,
public highway, or any other place occupied by any portion of the
military force of Georgia, under arms, by means of ludicrous dis-
guise, dress, arms, and instruments, noise, or other means, disturb
the peaceable and orderly proceedings of those under arms, and
22 1
PT. 1.— TIT. 11.— Public Defense.
Chapter 6. — Provisions of Local Application.
Offenders such disturbancG may be viewed as a misdemeanor, and the oifen-
may be in- i • t i i • • • i t i r> i •
dieted for a der may be indicted, and on conviction punished by hne and im-
miademean- , '^ it • c ^ r»i'ii
or. prisonment, at the discretion of the civil court before which he is
convicted.
§ 1150. When any sutlers shall attend any military muster or
Sutlers un- parade they shall be under the direction of the commanding officer
der the con- . . .
troi of coni- -yyith regard to the time and place of sellinsi; refreshments, and such
Jiiandmg of- "=" i o 7
ficer. commanding officer shall have power to grant exclusive privileges
to such persons as may engage to furnish suitable, spacious, and
convenient places of parade, and the sutler aforesaid, when per-
mitted, shall not be liable for retailing spirituous liquors at any of
the musters aforesaid under the law for retailing spirituous liquors
without license.
§ 1151. Visitors found on the parade ground during the times
Treatment thcrcof iutoxicated, mav bv the commander be marched bevond
of mtoxica- t .) ^ *i
ted visitors, ^hc lincs, and on returning in the same state may be put under
guard.
CHAPTER VI.
PROVISIONS OF LOCAL APPLICATION.
Section.
• 1152. Cities — organization of companies.
1153. Each beat elect a captain, etc.
1154. Removal of commissioned officer.
1155. Captain of beat, etc.
1156. Beat company — bow designated.
1157. Puegiments, battalions, etc.
1158. Volunteer companies of Augusta.
1159. Commanding officer — bow elected.
Section.
1160. Members exempt from jury duty.
1161. Same privileges to other cities.
1162. Volunteer corps of Savannah.
1163. How organized.
1164. Rights of the regiment secured.
1165. By whom commanded.
1156. Honorary members^how admitted.
§ 1152. Cities where the population may authorize it may be
Cities di- divided into beat companies by law ; each district in which two
vided into ^ -.in
beats. Justices of the Peace are elected shall constitute two beat com-
Eigiitbeat pauics. If there be eight beat companies or more they shall con-
foJSfTr^eg^ stitute a regiment; four or more shall constitute a battalion to be
battalion. Commanded by a lieutenant-colonel and major; two or more shall
constitute a battalion to be commanded by a major.
§ 1153. The citizens of the several cities or towns arranged into
Election of beat companics, resident within their respective beats, shall elect
beat compa- one Captain and two subaltern officers for each beat company;
ions' andreg- whcrc a battalion exists the citizens resident within the battalion
iments.
PT. 1.— TIT. 11.— Public Defense. 225
Chapter 6. — Provisions of Local Application.
limits shall elect the lieutenant-colonel and major, or major, as the
case may be, and where a regiment is formed the citizens within
its limits shall elect a colonel, lieutenant-colonel, and major.
§1154. In cities or towns the removal of a commissioned officer Wherecom-
missioned
shall not vacate his commission, unless it be beyond the corporate ^^cer may
limits of the city or town.
^1155. The captains of all beat companies in the State shall Captamsto
ir»T' • appomt non-
appoint four sergeants and four corporals for their respective commission-
companies ; they shall hold company courts martial in like manner
with captains of company districts.
^ 1156. The beat companies in each regiment or battalion shall Beat com-
■"■ ° .paniesof
be designated by the first ten letters of the alphabet, commencins!; regiments —
o vi i- ' o howdesigna-
with "A" and continuing regularly to *^K," omitting ^'J." ^'^'^^
§ 1157. Battalions under separate command by the name of the Battalions
city or town in which they are located, and regiments by a num- ments. ^^
ber fixed by the commander-in-chief.
§ 1158. The volunteer companies of the city of Augusta are Volunteer
ora;anized into a separate battalion called the ^' Independent Vol- city of au-
j)i ir» 1 -I • gi'statoform
unteer Battalion of Augusta, and separated from the tenth regi- independent
^ . . . ^ ^ . ° battalion.
ment. Any other companies which may be organized hereafter
in the city of Augusta may, if they desire it, be attached to the
battalion, and when the number of companies amount to eight,
they shall constitute a regiment to be called the '^ Independent
Volunteer Regiment of Augusta."
§ 1159. The battalion shall be commanded by a lieutenant- commander
^ *^ of the bat-
colonel, elected by the members of the companies composing the taiion— how
battalion, who shall have a full and complete regimental staff.
No person shall be eligible as lieutenant-colonel or to an appoint-
ment on the staff who has not been connected as a regular mem-
ber with one of the companies of the battalion for at least six
months previous to the election or appointment.
§ 1160. The active members of the battalion are exempted from Battalion
jury duty in the Courts of the city of Augusta and in the County jury and mi-
of Richmond, and from the performance of militia duty, except
in case of war, riot, insurrection, or invasion. The battalion
shall be subject to the orders of the commanding oflicer when-
ever he may deem it expedient.
§ 1161. The same privilege is granted to the volunteer com- city voiun-
panies in the city of Macon, and any other city in the State panies may
T . , , ■■ . . , ft form a bat-
which has the requisite number oi volunteer companies, and if taiion with
15
226 PT. 1.— TIT. 11.— Public Defense.
Chapter 6. — Provisions of Local Application.
like priviie- deficient, thov are allowed to make up such number from the
County in which such city is situated, and if not in the County,
elsewhere.
§ 1162. The volunteer corps of the city of Savannah are
Volunteer formed iuto a regiment entitled the " First Volunteer Regiment
corps of Sa- '-' ^ ^ o
^^^^^m^nt^ of the State of Georgia," embracing as many corps as may choose
to conform to the regimental organization ; but when the regi-
ment numbers sixteen companies, they may organize themselves
into a brigade and elect the necessary officers to command the
same in such manner as the members of said companies may see
fit to adopt.
§ 1163. The first volunteer regiment shall be commanded by a
Offlcersand coloncl, licutenant-colonel, and maior, and shall be entitled to a
staff. ' ? J '
regimental staff. Orders for the election of a colonel, as often
as a vacancy occurs, shall be issued by the commander-in-chief,
and the members of the several corps constituting the regiment
alone shall be entitled to vote ; all other elections for ofiicers be-
longing to said regiment shall be ordered by the colonel or com-
manding officer.
§ 1164. The rights and privileges accruing to said regiment
Eights of the shall not fail by the consolidation of two or more companies, or
regiment se- ,.,, iti r» -i
cured. the Withdrawal or dissolution of one or more companies, but the
same shall vest in and be enjoyed by the corps composing the
"First Volunteer Regiment."
§1165. The "First Volunteer Regiment" shall be subject ex-
Commanded clusivelv to the commaud of its own officers and the commander-
by its own ip ■, tit • • i n ^ • n
officers and in-cliief, excopt whou on detached service either of this State or
commander- -*■
in-chief. of the United States, when it shall be governed by the military
law and the usage and custom of the army.
§ 1166. All the volunteer corps shall each have the privilege of
Honorary enrollins;, as honorary members of their respective corps, not ex-
members of o' *^ r i 7
cor^s^*^^^ ceeding twenty persons, who shall be exempt from ordinary mili-
tia duty only so long as they continue their membership in said
companies, on paying into their respective treasuries the sum
of twenty dollars each annually.
PT. L— TIT. 11.— Public Defense.
227
Chapter 7. — Miscellaneous Provisions.
CHAPTER VII.
MISCELLANEOUS PRO VISIONS
Section.
1167. Insurrection, etc.
-duty of Gov'nor.
1168. Discipline of military.
1169. Entitled to pay and rations — when.
1170. Duty of resident commander.
1171. Requisition of militia by U. States.
1172. Commanding officer, etc.
1173. Wlien called out of the State, etc.
1174. Pass over'ferries, etc., free — when.
1175. Under arms to preserve order, etc.
Section.
1176. Arms, etc., exempt from sale.
1177. Number of votes required to elect.
1178. Elections and returns thereof.
1179. Commissions and effect thereof.
1180. The ratification by the State.
1181. Officers must report themselves.
1182. Substitutes may be received.
1183. General provisions adopting, etc.
1184. Incorporated companies not affected
In case
of insurrec-
§ 1 167. Upon any insurrection, rebellion, invasion, or probable
prospect thereof, it shall be the duty of the Governor to call from tipn, inva-
that portion of the State then threatened, or other portion if ne- ^^j^jj^^Jit^f^^
cessary, such part of the military force of the State as he may ^^'^^®-
think proper, and detail such number of staff officers of the neces-
sary grades from the several staff departments for their accommo-
dation, equipment, and support, as may be necessary.
^ 1168. Whenever any portion of the military force of this Discipline
State shall be called into actual service, either of the State or of into actual
service.
the United States, they shall be governed by the regulations of
the army of the United States and the rules and articles of war,
so far as the same are applicable ; but to the cashiering of any
officer, or the infliction of capital punishment within the limits of
this State, the approbation of the commander-in-chief shall be
necessary.
§ 1169. When any portion of the military force of the State is or-
dered by the commander-in-chief for actual service, or for drill and
instruction, they shall be allowed such pay and rations and other
compensation as are allowed to the army of the United States.
§1170. If a sudden invasion should be made, or insurrection Dutyofres-
happen, in any County or city of this State, the commanding offi- mandeis in
cer in said County or city is empowered to take the necessary den invasion
steps to repel the same, and, upon the requisition of the civil au-
thority, to proceed to quell the insurrection, reporting the condi-
tion of things at once to the commander-in-chief.
§ 1171. Whenever any detachment of the militia may be re- Detachment
ifi*n 11 1' 1 n 1 of militia
quired oi this fetate, by trie proper authority, on the part of the caiiedforby
United States, the commander-in-chief shall cause the same to be
apportioned by such staff officers as he may think proper to detail
for that purpose, and a list of the persons so detached shall be
Pay and
rations.
228 PT. 1.— TIT. 11.— Public Defense.
Chapter 7. — Miscellaneous Provisions.
made out and forwarded to the Executive Department forthwith,
and the Governor shall assign the necessary officers to said detach-
ment from the officers of the militia then in commission.
§ 1172. When a division, or brigade, or companies sufficient to-
Brigade constituto either, shall be called for on the part of the United
of militia Statcs and detached from the militia of this State, the Governor
called into , ,, . • i i rY» i i -i
service of shall appoint a suitable omcer to command the same, and commis-
sion him accordingly, unless otherwise provided for by the Consti-
tution and laws of the United States.
§ 1173. Whenever a sufficient number of the militia to consti-
Eegimentor tutc a regiment or battalion shall be detailed for service to operate
militia call- bevond the limits of the State, such regiment shall be furnished
ed out of the ^ ., ^ -i •
State. \)j the Governor with two nags — one the regimental color, bear-
ing the arms of the State, the other the national color, bearing
the arms of the United States — both inscribed with the name of
the regiment, and if a battalion, the regimental color only, con-
forming to flags of like description in the army of the United
States, and at the close of the service it shall be the duty of
the officer commanding such regiment or battalion to return the
same to the Governor, or report the reasons for his default there-
in, which shall be communicated to the next General Assembly.
§ 1174. All officers, whilst on duty, and any militia called to
Officers and musters, paradcs, or drills, or to courts martial, or courts of in-
pass free ov- quiry, having; to pass over toll bridges, ferries, or through turn-
er toil bridg- ^.- *^' ? IT 11 ^ . ^ . n ^ -,-
63— when, pike gates, shall pass toll tree going to or returning irom the dis-
charge of such duty.
§ 1175. For the purpose of preserving order on any day of parade,
da?s th^^ml- drill, or muster, the militia shall be considered as under arms from
derTims the risiug of the sun to its setting in the same day, and shall be
from sunrise • t n j i • 1 1 j . •
to sunset, exempted irom arrest during that time.
§ 1176. All arms, ammunition, and equipments, the trooper's
Arms, ac- horsc and furniture, the uniform and accouterments of the soldier,
etc., exempt and cvcry horse necessary to the discharge of military duty in
from sale. , "^ "^ ° J J
every department of the State's service, with his apparel, shall be
exempt from seizure and sale under civil process ; nor shall any
service of civil process be effectual upon any militia man while
going to, continuing at, or returning from parade, drill, or muster,
or while in actual service of the State or of the United States.
§ 1177. At all elections for officers of the militia, the person
votes to elect having the highest number of votes shall be declared elected.
PT. 1.— TIT. ll.—PuBLic Defense. 229
Chapter 7. — Miscellaneous Provisions.
§ 1178. All elections for militia officers shall be held at the Elections—
where held.
usual place of holding elections, and the superintendents shall re-
turn the result thereof to the commander-in-chief, who shall cause
commissions to issue accordingly ; but upon due proof of fraud or
illegality in holding such election, the commander-in-chief may
supersede the same and order a new one in his discretion.
§ 1179. All commissions shall bear the impression of the Great commis-
n n ^ c^ • ' 11 slons sealed
Seal of the State in print, and shall run during good behavior ; but with Great
they may be vacated by removal from the command in which the
officer belongs by death, resignation, sentence of a court martial,
and acceptance of another inconsistent commission. Staflf officers, staff officers
except the chiefs of the staff departments, may be removed by the moved.
officer in whose staff they serve, and their commissions shall expire
with his commission.
§ 1180. The resolution of the Senate concurring in the nomi- Nomiriation
nation of any military officer shall be certified by the President officer to be
•^ "^ '^ , certified.
and Clerk of the Senate, and be transmitted to the Executive
Department, and the Governor shall cause commissions to issue in
accordance therewith.
§ 1181. All officers, on reception of their commission and their officers to
report them-
subscription, and the attestation of the oath thereto annexed, selves.
shall immediately report themselves to the proper officer in com-
mand.
§1182. Any person detached to serve with any portion of the May provide
. . , "^ a substitute
militia called into the service of the United States may offer a ?^ien caiied
^ into service
substitute at or before the time of rendezvous, and such substi- ^^ u. s.
tute, if he shall be an able-bodied man of the age of twenty-one
years and upwards, and shall consent in writing to subject himself
to all the duties, fines, forfeitures, and punishments to which his
principal would be subject were he personally to serve, he shall
be accepted by the commanding officer of the detachment, and
ordered to be enrolled in place of his principal.
§1183. All matters of detail in the various branches of the General pro-
military service of the State, not specially provided for in this ting military
Code, which may occur in. the execution and distribution of orders, .
reports and returns, proceedings of courts martial and courts of
inquiry, discipline and etiquette, rank and precedence of officers,
military badges and distinctions, shall be determined, as far as
practicable, by military law and usage and the custom of the
army of the United States.
230
PT. 1.— TIT. 11.— Public Defense.
Chapter 8. — The Public Arms and Arsenals.
§ 1184. The provisions of this Code shall not repeal or super-
Oodenotto sodo any rights, privileges, or liabilities, attaching to any military
leges of organization by any act of the Leaiislature creating: such organ-
mcorporateds ^ t/ ./ ^ o o o
companies, ization a corporato body ; but in all cases where volunteer com-
panies have been incorporated, they shall be called on by gen-
eral order, published by the commander-in-chief, to report by the
first day of May next ensuing the date when this Code shall go
into effect ; and on failure to report, they shall be deemed to have
surrendered their franchise as corporations, and shall be dropped
from the roll and disbanded ; nor shall they supersede any militia
laws now of force that may not be inconsistent with them.
CHAPTER VIII.
THE PUBLIC ARMS AND ARSENALS
Section.
1185. The public arms — wliere kept.
1186. Persons receiving must give bond.
1187. Delivery of arms.
1188. Bond not required — when.
1189. Brigade inspector — his duty.
1190. Commissary-general — his duty.
Section.
1191. City volunteers may use arsenal.
1192. Deposit of gunpowder.
1193. Military storekeeper, etc.
1194. Must give bond and surety.,
1195. His duties.
1196. Penalty for violation of duty..
§ 1185. The public arms of the State are to be deposited in the
Public arms, arscuals at Savannah and Milledgeville, as the public exigency
where kept. , * ' , . , . „
may require, and at such other place as the commander-m-chief
may order, or the G-eneral Assembly prescribe.
§ 1186. Before arms and accouterments are delivered to any
Bond and voluntecr corps, bonds and sureties must be executed for their
^yII. ^ ^ careful preservation and faithful return according to law, paya-
ble to the commander-in-chief, in such sum and under such other
regulations as he may prescribe.
§ 1187. When such is done, the Secretary of State shall draw
Delivery of ]iis order on the keeper, who shall, without delay, deliver them.
arms. ^ ' ^ "^
§ 1188. In case the public necessity requires it, the commander-
Bonds in-chief may permit the delivery or distribution of arms without
not required .
—when. taking such bond, and may impose suph terms as he may see
proper.
§ 1189. The brigade inspectors must examine into and report
Brigade the couditiou of the public arms and accouterments in their re-
inspector to . . •\/r 1
report. spectivc brigades to the Secretary of State by the first Monday
in October annually.
PT. 1.— TIT. 11.— Public Defense. 231
Chapter 8. — The Public Arms and Arsenals.
§ 1190. When the Secretary of State is satisfied that any por- Neglect of
tion of such ai^e being injured for want of proper care, he may
prescribe such terms for their preservation as he may see fit, and
may, in his discretion, have them returned to the arsenals.
^ 1191. The volunteer corps of any city of this State where city voi-
'^ X ./ ./ unteers may
there is an arsenal are permitted to deposit their arms there, pro- ^^^ arsenals
vided such does not interfere with the proper keeping of the arms
therein and that all expense of so doing is defrayed by such corps.
§1192. Grunpowder shall not be deposited in any arsenal con- Deposits of
•'■ -^ _ ... gunpowder.
trary to any ordinance or by-law of the city where it is situated.
S 1193. The Governor has power to appoint military storekeep- Military
storekeepers
ers for such arsenals or other places where the public arms may
be kept, who hold their offices for one year.
§1194. Before entering; on the discharge of their duties, all , s^^" =^v®
'^ o o 'bond and
military storekeepers shall give bond and surety in such sum as ^^^^^y-
the Governor may order, and shall also swear faithfully to dis-
charge the duties of their offices to the best of their skill and
knowledge.
§ 1195. It is their duty —
1. To take into possession and safely and nicely keep all the The duties
^ , •^ "^ ■*■ of military
State arms, accouterments, munitions, or other State property storekeepers
committed to their care ; to deposit them in the State Arsenal if
in good repair, or in such other building as they may be directed,
and to keep such arsenal or building in proper order.
2. To make annually, or oftener if required by the Governor
or Secretary of State, a report to the said latter named officer
of the number, kind, and order of the arms and accouterments ;
of the condition of the munitions and other property in their
keeping, including the condition of their buildings.
3. To deliver to any officer or person having the order of the
Secretary of State the arms or other property required, if in
their possession.
4. To obey all lawful orders, and to perform such other duty as
the law may require.
§1196. If such keeper shall violate any portion of his duty, Penalty for
,.,.,^p. ni violation of
tor each violation he lorieits twenty-five dollars of his salary, and duty.
for unfaithful conduct or inefficiency may be removed by the
Governor.
232
PT. 1.— TIT. 12— Education.
Chapter 1. — The University of Georgia,
TITLE XII.
EDUCATION
CHAPTER I.
THE UNIVERSITY OF GEORGIA.
Section.
I Section.
1197. The University of Georgia.
1198. Name and style— may sue, etc.
1199. Number of Trustees.
1200. Board reduced below a quorum.
1201. Powers specified.
1202. Meeting — by whom called.
1203. Trustee failing to attend, etc.
1204. Disposition of stock subscribed for.
1205. Trustees must report annually.
1206. Visitors — number and duty, etc.
1207. Report laid before the Legislature.
1208. Officers — religion of.
1209. Not required to take certain oaths.
1210. Chancellor may attend Legislature.
1211. University may confer degrees.
1212. Graduates of Lumpkin Law School.
1213. Preparatory school connected.
1214. Campus grounds reserved.
1215. Permanent income, etc.
1216. Former acts not repealed by Code.
§ 1197. The government of the University of Georgia, at Athens,
oF^GlwSis vested in a Board of Trustees, who are subject to the General-
ertmenr" AsSOmblj.
§ 1198. For such purpose they are a body corporate and politic,
Name and hy the name of the ''Trustees of the University of Georgia," by
su^^^™be which they shall have a perpetual succession, have and use a com-
mon seal, and be a person in law, able to plead and be impleaded,
to hold and acquire real and personal estate, with power to lease
and otherwise manage the same for the good of the University.
All money or property granted by the State, or individuals, for
the advancement of learning in general, is vested in such Trus-
tees.
§1199. Such Trustees shall consist of citizens of this
Number of State, auv of whom shall make a quorum, with power to
Trustees, t J ^ .... ..
transact all business within their authority.
§ 1200. If the Board shall be reduced to less than a quorum,
bS^^s re^ ^^® Governor shall fill the vacancies until the quorum is complete,
a^quorum?^^ and then the quorum shall fill the remaining vacancies.
§ 1201. They have power—
1. To elect their own officers, such as President, Vice-President,
Powers Secretary, Treasurer, or such of them as they may require, and
also all other officers they may deem necessary for their organi-
zation.
PT. 1.— TIT. 12.— Education. 23
Q
Chapter 1. — The University of Georgia.
2. To elect a presidino; officer of said University, who shall be Presiding
. *^ officer.
styled "the Chancellor of the University of Georgia," and in case
of a vacancy in his office, unsupplied, to create such office and
make such arrangement for the conduct of the institution as to
them shall seem meet.
3. To elect or appoint professors, tutors, stewards, or any other '^J^y ^^^^t
, '' professors.
officer necessary, to discontinue or remove them as the good of
the University may require, and fix their salaries.
4. To prescribe the course of studies to be pursued by the stu- course of
. -, studies.
dents, the terms and manner of graduating, and of conferring all
the degrees.
5. To establish all such schools of learning or art as may be Establish
, ° . schools.
useful to the State, and organize the same in the way most likely
to attain the ends desired.
6. To call on all persons who may have, or have had, any funds. Books,
property, papers, or books belonging to the University, to deliver
them up and make settlements.
7. To adjust and determine the expenses of the institution. Expenses.
8. To exercise any power usually granted to such incorpora- Powers usu-
tions necessary to its usefulness, and not in conflict with the Con-
stitution and laws.
§1202. The President of the Board and two of its members J^eetings of
^ Board — how
may appoint a meeting at any time, by giving to the others at '^^^^^^•
least ten days' notice, by letter or otherwise. When the Presi-
dent does not act the senior Trustee present shall preside, and in
all other respects discharge his duties ; when the Board is divided
the presiding officer shall give the casting vote, or may vote to
make a tie. A majority of the body present shall govern if a
quorum. Nothing done at a special meeting shall be binding
after the rising of the next annual meeting, unless then confirmed.
§1203. If any member of the Board, beins; within the State, ,., Trustees
- . failing to at-
shall fail to attend any two successive annual meetings his seat *end.
becomes thereby vacant, unless he is specially excused by the
Board for good cause shown.
§ 1204. Such Trustees shall never dispose of the stock by them shaiinotdis-
•^ pose of stock
subscribed for, except with the consent of the General Assembly, subscribed
but the dividends therefrom shall be drawn and used as the
various demands of the University may require.
§ 1205. It is the duty of such Trustees to make an annual report Trustees
•z i- must report
of their business to the Governor, which must embrace a state- annually.
234 PT. 1.— TIT. 12.— Education.
Chapter 1. — The University of Georgia.
merit of their expenditures and receipts on account of the Uni-
versity, the number and names of the students, their different
studies, the tuition money, and all information and suggestions
which the Board may think conducive to the good of the Uni-
versity, and the cause of general education in the State.
§ 1206. The Governor shall appoint annually ten citizens of this
Special State as a special Board of Visitors to attend the University
Board of Vis- . . ,. , i -t
itors— how exammations preceding; the annual commencements, and said
appointed. . .
committee, by three of their number chosen by them, shall report
to the Governor with the least possible delay, the character of
said examination. Such Visitors shall receive for their services
five dollars per diem, estimating from the date of their leaving
their respective homes.
§ 1207. The Governor shall lay the reports respectively, of the
Eeport of Board of Trustees and the Board of Visitors, annually, before
B a r d 3 of ^ / " '
Trustees and the General Assembly, in connection with his annual messaoie,
Visitors. •^ ' o ^
with such comments as he may see proper, and when so done the
General Assembly has power to revise and approve or reject the
action of the Board of Trustees.
§ 1208. All officers elected or appointed for the University shall
Officers shall be of the Christian religion, but no person of any religious denom-
be of the . , & ' r J & ^
Christian re- ination shall be excluded from equal advantages of education and
ligion. •'■ '-' ^
the immunities of the University on account of their speculative
sentiments in religion, or being of a different religious profession
from the trustees or faculty.*
§ 1209. The Chancellor of the University, its professors and
Oaths re- tutors, shall not be required to take certain oaths prescribed in
quired in the ,
charter. its charter.
§ 1210. The Chancellor has the authority to appear before the
Chancellor General Assembly once at each session and address them in person
may appear , ,.. . , r^TTT-'
before the ou the couQition, lutercsts, and wants oi the University.
§ 1211. The University may confer degrees as follows :
1. To each graduate of the University the degree of Bachelor
degrees. 01 xirtS,
2. To each graduate of the University, or of another college of
three years' standing, or to such graduates as have passed a year
in the University schools, all being of good moral character, the
degree of Master of Arts.
* See 5th Clause, 1st Article Constitution of Georgia.
PT. 1.— TIT. 12.— Education. 235
Chapter 1. — The University of Georgia.
3. To all law students who have attended the lectures of the
professors, and are recommended by them for the same, the degree
of Bachelor of Laws.
4. To the graduates of such medical school as may be established
by the trustees of the University, the degree of Doctor of Medicine.
5. To students in the University schools of two years' standing,
and proficient in two or more of them, the degree of Doctor of
Philosophy.
6. To persons distinguished for learning, ability, and character,
according to their respective vocations, the degree of Doctor of
Laws, or of Divinity, and, where appropriate, both. It may also
confer such other degrees and honors as may tend to the promo-
tions of the arts and sciences.
§ 1212. Any law student having a diploma of graduation, signed Law stu-
,. -.._-.. .. •11 11 ^^^^^ may
by the proper authority of the University, is entitled to plead practice.
and practice law in all the Courts of Law and Equity of this State
on the same terms of the graduates of the Lumpkin Law School;
and all .graduates of the Medical School of the University are
entitled to practice their profession in all its branches.
§ 1213. By the authority of the Board of Trustees there shall Preparato-
be established, in connection with the University, an institute in connec-
1 . . , . . n • • 1 . 1 tion with.
combining the instruction usually given m academies and to the college.
lower classes in colleges, and by the same authority there may be
a reduction of the number of years usually spent in colleges prior
to graduation. University schools for professional education,
including the application of science to the industrial arts as well
as to the more abstruse and recondite sciences, and especially for
the promotion of medical and legal education, not omitting the
application of chemistry to agriculture, and mathematics to civil
engineering.
§ 1214. There is reserved and set apart for the University oampus
T . -,..,. „ , ^ grounds not
campus, not subject to alienation, thirty-seven acres oi the tract oi subject to
111 11 XT • 1/-^ Till alienation. "
land donated to the University by the late Goyernor John Milledge.
§ 1215. The permanent income of said University from its bank The perma-
stock shall not be less than eight thousand dollars annually, and not less than
$8 000
when the dividends from the bank shall not be equal to said sum,
the Governor is required to make up the deficiency semi-annually
by his warrant on the State Treasurer for its payment out of any
money not otherwise appropriated.
§ 1216. The various acts of the General Assembly relative to
236
PT. 1.— TIT. 12.— Education.
Chapter 2. — Georgia Military Institute.
Actsinreia- Said Universitv, in force at the time of tlie adoption of this Code,
tion to Uni- i t i • i • . . , , .
versity, not if not embraced herein, and not inconsistent with what is so
repealed by
*M^. ?^*^^' embraced, are still of force.
still in force. ^
CHAPTER II.
GEORGIA MILITARY INSTITUTE.
Section.
1217. Superintendent — appointment, etc.
1218. His rank in the volunteer force.
1219. Absence — how supplied.
1220. Military storekeeper at Institute.
1221. May be allowed extra pay — when.
1222. In the distribution of arms, etc.
1223. Inspectors — appointment and duty.
1224. Visitors — appointment, etc.
1225. Persons disqualified to act.
1226. State cadets — how appointed.
1227. How selected — vacancies, etc.
1228. Transferred to pay list — when.
Section.
1229. Shall teach two years— when.
1230. Quorum of Inspectors may act.
1231. Reasonable expenses allowed.
1232. Shall appoint See'y and Treasurer.
1233. Treasurer must report.
1234. Inspectors report to the Governor.
1235. Officers, etc.— ineligibility of.
1236. Rules, etc.
1237. Suits for or against the Institute.
1238. Expenses of State cadets.
1239. Salary of the Superintendent.
1240. Officers resigning without notice.
§ 1217. The commanding officer of said Institute is styled the
^g/j^^P®"^ Superintendent ; he is chosen by the Board of Inspectors, and
and^term^of holds Ms offico at their will and pleasure. He may appoint all
office. j^.g g|i]3 ordinate military officers, subject to the approval of said
Board.
§ 1218. By virtue of his office, he is entitled to rank in the
His rank, yoluntecr forco of the State as maior, and to command the volun-
eommission, ^ '
®*^- teer battalion of which his cadets form a part, and shall be com-
missioned by the Governor accordingly.
§ 1219. In the absence of the Superintendent from parade, or
Absence of other timcs, his iunior officers of the Institute take his place
Superinten- jo x
dent. according to rank.
§ 1220. The Superintendent is, by virtue of his office, also
Military military storekeeper of the public arms and accouterments at the
storekeeper t/ x x
attheinsti- Institute, with power to appoint a subordinate, for whose conduct
he shall be responsible. His powers and duties are the same as
other military storekeepers, but he receives no salary except for the
safe keeping of a quantity of arms largely more than necessary
for the institution.
§ 1221. Should the Governor place a large quantity of the public
May be ai- amis in his keeping, he may allow him just compensation, not to
pay— when, excccd the Salary of other military storekeepers.
PT. l.-~-TIT. 12.— Education. 237
Chapter 2. — Georgia Military Institute.
^ 1222. In the distribution of the public arms, or any portion of ^jQ(^i'st!ibu-
'^ ^ '■ . tionofarms,
them, the Military Institute must be first supplied according to its iDsutu^te
necessities. p^^^^^-
§ 1223. The affairs of the Institute shall be under the control of Board of
Inspectors
a Board of ten Inspectors, to be appointed by the Governor, of — their ap-
••■ ^ . • pomtment
which the Governor shall be ex officio President ; the Board may ^^^ ^^^y-
elect a President pro tern, to officiate in the Governor's absence.
Three of tlie Inspectors shall be a quorum. It is the duty of said
Board to organize such departments for staff duty as may be neces-
sary to establish the rank and grade of all officers of the Institute ;
to appoint the State cadets ; to fill vacancies in the academic staff,
and to make and ordain all regulations for the government of the
Institute ; to cause to be kept a strict account of all moneys received
and paid out on account of said Institute, and report the same to
his Excellency the Governor at the end of each session, together
with the proper vouchers for the same ; all of which, together with
the report of the Superintendent, shall be by him laid before the
General Assembly at the regular session thereof in each and every
year.
§1224. A Board of Visitors to the Institute shall be annually Board of
appointed by the Governor, as many as he may deem conducive to pJTnTmeS',
the interest of the Institute, not exceeding seven, who shall meet
annually at the institution on such day and for such purpose as
may be designated in the regulations. They shall report to the
Governor such matters as they may deem advisable touching said
institution. *
§1225. No cadet who has been dismissed or expelled, or has Persons dis-
deserted from the Institute, shall be a member of any Board con- members of
., p,. eitherBoard.
nected therew^ith, nor any other cadet, until after the expiration of
three years from the date of his leaving the institution, except as
an instructor.
§ 1226. The Board of Inspectors shall appoint, by warrant, one state cadets
cadet from each of the Congressional Districts of the State, and pointed.
two from the State at large. They shall not be under fourteen or
over twenty-five years of age, and must be of insufficient pecuniary
means to maintain and educate themselves at the institution.
§ 1227. They shall be taken in turn, from each County in the How select-
District, until every County has furnished one, before any County cies— how
shall send another ; vacancies shall be supplied from a different
County than that from which the regular appointment came. If
238 PT. 1.— TIT. 12.— Education.
Chapter 2. — Georgia Military Institute.
any of the Districts shall fail to offer one applicant, or from rea-
sonable objections there shall Be no appointment from a District,
the board, after giving due notice of such deficiency, shall fill the
vacancy from applicants already before them. The Board of Ed-
ucation in each County may select and recommend one applicant
from their several Counties.
§ 1228. If it should be ascertained, or should happen, that a
dets maybe State cadct, after his appointment, has sufficient pecuniary ability
to the list of to defray his expenses, he shall be transferred to the list of pay
when! cadets, and the vacancy shall be filled by another appointment.
§ 1229. Every State cadet shall sign a written pledge of honor
Must teach to act in the capacity of teacher in one of the schools of this
two years af-^ pi-tt-p n i
ter gradua- fetato, alter leaving the Institute, tor a term oi two years, unless
tin?, if not rv. 1 1 -r» 1 P T
excused. excuscd for Sufficient cause by the Board of Inspectors, receiving
such compensation therefor as may be agreed on between himself
and the authority of the school.
§ 1230. A quorum of said Board of Inspectors are competent
A quorum to the transaction of all business, except making or changing the
of said board . . . mi •
may act; rulcs aiiQ regulations, when a majority must be present. Iheir
when ht'id; meeting's shall be held at the Institute as often as may h^ neces-
vacancies — ^ , "^
how filled, sary. Vacancies in the Board of Inspectors must be reported to
the Governor, who shall fill the same.
§ 1231. All reasonable expenses incurred by the members of
Expenses— both of Said Boards, in the discharge of their duties, shall be al-
how paid. . .
lowed them by the Governor, and paid by his warrant on the
Treasury, out of any money not otherwise appropriotted, but there
shall be no salary, or per diem compensation.
§ 1232. The Board of Inspectors shall appoint a Secretary and
Secretary Trcasurcr of Said Institute' and fix his compensation. He must
and Treasur- ^
€r— appoint- o;ive a boud and security in the sum of five thousand dollars, to
ment, etc. o J '
be approved by said board, a copy of which shall be sent to the
Governor and filed in the Executive Ofiice.
§ 1233. Such ofiicer shall quarterly render to the Superinten-
Treasurer dcnt, and ofteucr if he requires it, a full statement of his receipts
quarterly, and disbursements, which shall be reported to the Board of In-
spectors annually, or oftener if required by them.
§ 1234. Said Board shall annually, and up to the first day in
Inspectors Octobcr, make to the Governor a written report of all the affairs
must report ,,,... ,. , • ^ i i nio
to Governor. 01 tlic institutiou. Sending therewith the annual report ot tne ou-
perintendent, and shall propose such alterations or improvements
PT. 1.— TIT. 12.— Education.
239
Chapter 2. — Georgia Military Institute.
as they may desire, which, together with the report of the Board
of Visitors, shall be by the Governor laid before the General As-
sembly, in connection with his annual message.
§ 1235. An officer or professor of the Institute is ineligible as ineligibility
^ _ ^ ^ '-' of ofBcei's.
one of the Board of Inspectors or Visitors ; neither can either one
of said Board be chosen to either one of said positions.
§1236. The rules and regulations of the Board are subiect to Rules, etc.,
° ^ of the Board.
the call of the General Assembly.
§ 1237. Suits for or against the Institute must be in the name suitsforor
. 1 ci • 1 against the
of the Board of Inspectors ; service on the Superintendent shall institute.
be sufficient.
§ 1238. The sum of two thousand dollars is annually appropri- Expenses of
^, ,T^Tf,r- ^^^^'^ cadets
ated to said Institute, to be used by the Board of Inspectors, in —iiow paid.
consideration of which ten State cadets must be furnished board,
tuition, washing, fuel, light, and medical treatment, free of charge,
they providing their own room, furniture, clothing, etc., which sum
is payable quarterly on the warrant of the Governor for that pur-
pose.
§ 1239. The salary of 'the Superintendent shall be paid by the
State out of any money in the Treasury not otherwise appropri-
ated, at the close of each session, by the warrant of the Governor
drawn on the Treasurer for that purpose.
§1240. No professor, assistant professor, or the Superintendent
of said Institute shall resign his office therein without giving the
Board of Inspectors thirty days' notice of his intention so to do;
and for a violation of the provisions of this Section, such officer so
violating shall forfeit to said Institute one-fourth of his annual
salary, to be retained on settlement.
Salary of
Superinten-
dent — liow
paid.
CHAPTER III.
ACADEMY FOR THE BLIND.
Section.
1241. Location and organization.
1242. A body corporate.
1243. Power and duty of Trustees.
1244. Pupils — who entitled, etc.
1245. How appointed.
1246. Number — how regulated.
1247. Pay pupils — how received.
1248. Treasurer must give bond.
Section.
1249. Trustees must report to Governor.
1250. Visitors— appointment and duty.
1251. Powers of— must report.
1252. Vacancies— how filled.
1253. Statistics— how obtained.
1254. List of indigent — by whom kept.
1255. Former acts continued in force.
240 PT. 1.— TIT. 12.— Education.
Chapter 3. — Academy for the Blind.
Location, § 1241. An institutioTi for the education of the blind is located
etc., of Acad- ^ ^ in m
em J for at Macon under the control oi seven Trustees already appointed.
§ 1242. They are a body corporate, and have all the powers and
Trustees a dutics appertaining: to similar institutions of this State in their
body corpo- ^ ■•■ o
rate, corporatc capacity as Trustees of the Academy for the Blind.
§ 1243. The Trustees have the power —
1. To appoint such officers, teachers, and matrons as may be
^^^^J^^js of necessary — to prescribe their duties, fix their salaries, and to
remove or discontinue them at pleasure.
2. To prescribe the course of studies, establish the rates of
tuition, and adjust the expenditures of the institution.
3. To adopt such rules and regulations, not in conflict with law,
as the interest of the Academy may require.
§ 1244. All indigent blind persons, residents of this State,
What pupils ]3etween the ages of seven and twenty-five years, shall be selected
educated, o J J 7
fected^^ ^^ ^J *^® Trustees from the different Counties of this State, received
into the Academy, and supported and educated gratuitously to the
extent the funds will permit.
§ 1245. When there are more applicants than can be accommo-
^Appiicants dated they shall be apportioned among the several Counties,
portioned, according to representive population.
§ 1246. Unless the funds will otherwise permit, there shall
Number of hereafter be but one indigent pupil from the Counties applyina:,
pupils regu- ^ o x x ^ x i ./ o/
lated by and in case there are not means enough to receive one from every
funds on o e/
hand. Couuty applying, those shall be received first who first make
application. A beneficiary shall not remain at the charge of the
institution longer than four years.
Pay pupils §1247. All othors than the indigent are to be received upon
ceiredJ ^^" such tcrms as the Trustees may impose.
Treasurer § 1248. The Treasurer of the Board shall give bond and security
bond'. ^^^^ i^ the sum of three thousand dollars.
§ 1249. The Trustees must make annual reports to the Gover-
Trustees nor, as is required of the Board of Inspectors of the Military
S^GoverSor. lustitutc, SO far as applicable to the affairs of the Academy for the
Blind, and the Governor must make a like disposition of them.
§ 1250. The Governor shall appoint a Board of ten Visitors for
Board of Said Acadomy, who shall meet the Board of Trustees at the
Academy annually, at such time as the latter may designate.
§ 1251. The powers and duties of said Visitors are the same as
Powers and those appointed for the Military Institute, and the same disposi-
itors. tion is to be made of their report.
PT. 1.— TIT. 12.— Educatioi^.
241
%
Chapter 3. — Academy for the Blind.
§ 1252. The Trustees fill vacancies in their own body as do the vacancy m
... *^ Boardof
Trustees of the Georgia University. When a vacancy occurs and Trustees—
° ^ ."^ . how sup-
is filled, it must be reported to the Governor. Their ineligibility pii^d.
is likewise the same as of those last mentioned.
8 1253. The Tax Receiver of each County must keep a column statistics of
" « . blind— how
for, and receive the numbers of the blind between the ages of obtained.
seven and twenty-five, a statement of wdiich shall be obtained
annually hj said Board of Trustees, from the Comptroller Gen-
eral's office. Before the digest is sent by the Tax Receiver to the
Comptroller, the Ordinary of each County shall examine with
such Receiver his list of the blind, and correct, by memoranda
thereto attached, any mistake.
8 1254. The Ordinary shall also take down the names of such i^^^t of indi-
" ... S^^^ bund.
as are indigent, and procure their admission into the Asylum, if
possible, and if from any cause they are not received,- he shall
report to the Board of Trustees the names, ages, and sex of such,
who shall keep a record of all such reports.
§1255. Section 1216 (as to laws kept in force,) applies to the
Asylum for the Blind.
CHAPTER IV.
ACADEMY FOR THE DEAF AND DUMB.
Section.
1256. Located at Cave Spring.
1257. Trustees — how appointed, etc.
1258. The Principal — how appointed.
1259. Other officers — how appointed, etc.
1260. Exclusive power, etc., of Principal.
Section.
12G1. Visitors may be appointed,
1262. Contracts — how made.
1263. Vacancy — how filled.
1204. Chap. 3 of this Title applies — when.
S 1256, The Academy for the Education of the Deaf and Dumb „ Academy
•^ for Deaf and
is located at Cave Spring, and is under the management of three ^^™^-
Trustees.
§ 1257. The Trustees need not reside in the County where the ^^^^^^^^^ °^
institution is located, but the Principal shall be required to resid®
in the institution.
§ 1258. The Principal of said institution is elected by said Board , Pi-incipai-.
■•• •/ how elected,
of Trustees. He is responsible to them, and his acts subject to their res'^onlibiT
veto.
16
242 PT. 1.— TIT. 12.— Education.
Chapter 4. — Academy for the Blind.
§ 1259. Said Principal has authority to nominate all his subor-
Subordinate dinate officers and employees, subject to the approval of the Board.
officers, reg- r ./ ? j ^ rr
uiations, etc. He shall make all regulations of internal police ; shall authorize
all purchases of ordinary supplies, and examine and certify to the
correctness of bills of such supplies before paid by the Treasurer.
§ 1260. He shall be the sole medium of communication between
Exclusive |-}^@ Board and the subordinate officers and employees of the in-
powers aucl -i- *^
^^\*^^^ j^^stitution, and shall have the exclusive direction and control of the
system of religious and intellectual instruction.
§ 1261. The Governor may, in his discretion, appoint a Board
Board of of Yisitors, to consist of such a number as he thinks best, and
Yisitors, .,,.., .
when appointed, their rights and duties are the same as those of
the Visitors of the Academy of the Blind.
§ 1262. No contract of said Board of Trustees shall be valid un-
Contracts— less it is first recorded by the Secretary in a book kept for that
how made ^ '' ^ *' ^
valid. purpose, signed by the President and countersigned by said Sec-
retary.
§ 1263. When a vacancy occurs in said Board, the Secretary or
in Boardo^ any member shall notify the Governor within twenty days, and
how mied! the vacancy must be filled within thirty days from said notice.
§ 1264. All the provisions of the preceding Chapter not in con-
Provisions ^{q^ -^^i^]^ \)^q precediup; Sections of this Chapter apply to the Acad-
of previous Jr o i i i t/
^ncaWe^^ emy for the Deaf and Dumb, to its Board of Trustees and Visit-
ors, its officers, and other officers of the State or County upon
whom any duty is enjoined — the words deaf and dumb being sub-
stituted whenever the words "the blind" occur.
CHAPTER V.
COUNTY ACADEMIES.
Section.
1265. Trustees of County Academy.
1266. Vacancies— how filled.
Section.
1267. Authority of Trustees.
1268. Liability of holder of funds.
§ 1265. When it is not otherwise provided for, the Justices of
Trustees the Inferior Court of the several Counties have the power to ap-
Academies polut Trustccs for any County Academy, whether incorporated or
pointed, not, and to any number they may deem expedient.
PT. 1.— TIT. 12.— -Education.
243
Chapter 5. — County Academies.
§126(3. When vacancies occur, and provision is not made as to Vacanciee—
\ ^ ^ how filled.
the manner in which said vacancies are to be filled, such Justices
have power to fill the same in their respective Counties.
§1267. The authority of said Trustees, unless specially re- Authority of
.•^ . Trustees.
stricted, is to elect their teachers, fix their salaries and terms of
ofiice, prescribe the course of studies, manage the finances, adopt
all such rules a'ld regulations for the government of their respect-
ive institutions, as they may think prudent, if not in conflict with
the laws.
§ 1268. Any person holdins: Academy funds and failino; to pay Liability
1 ,-,.,. i , . p ^ . of holders
over when bound, is liable to twenty per cent, interest- trom time of Academy
, T • T funds.
of demand, and to be proceeded against by the Justices of the In-
ferior Court as against holders of County funds.
CHAPTER VI.
COMMON SCHOOLS AND EDUCATION OF THE POOR.
Article 1. — Educational Fmicl of tlie State — Jioiu made up.
Article 2. — Educational Fund — lioiv paid out hy the State.
Article 3. — Educational Fund of the Counties — how made up.
Article 4. — Educational Fund of Counties — hy ivhom managed.
Article 5. — The Beneficiaries of the Educational Fund.
ARTICLE I.
the educational fund of the state -how made up.
Sectiox.
1269. From dividends on bank stock.
1270. Proceeds of W. & A. R. R.
1271. Balances in the Treasury.
Section.
1272. From donations.
1273. Such donations — how managed.
1274. Earnings of W. & A. R. R., etc.
stock.
§ 1269. The Educational Fund of the State is made up — Educational
1. Of the dividends upon the capital stock of the State in the dwidendr'^
Bank of the State of Georgia, the Bank of Augusta, and the
Georgia Railroad and Banking Company.
§ 1270. From the net earnings of the Western and Atlantic
Railroad, to be managed and disposed of as follows :
From the
net earnings
of W. & A.
Railroad.
244 PT. 1.--TIT. 12.— CHAP. 6.— Education.
Article 1. — The Educational Fund of the State — how made up.
1. One hundred thousand dollars of said net earnings stand an-
nuallj appropriated for such purpose, and all to remain with the
State Treasurer until the Governor draws his warrant for the
same, or any part thereof.
2. In addition to said sum of money the whole of the net earn-
ings of said road is set apart as an Educational Fund, to take effect
in the following manner :
As any portion of the present public debt is paid under the ex-
isting law from said earnings, the Treasurer shall issue scrip or
education bonds certifying the amount, and that it is entitled to
draw interest thereon from the Treasury at the rate of six per
cent, per annum.
3. For any balance of said one hundred thousand dollars, that
may not be drawn from the Treasury at the close of each educa-
tional year, the Treasurer shall issue a like certificate for said
amount.
4. Said script shall be in favor of the Secretary of State, as
Trustee of the Educational Fund, which, together with the script
for bank stock, shall remain on deposit in the Treasury to the cre-
dit of the Educational Fund. The Treasurer shall issue to said
Secretary, from time to time, certificates of said deposits.
5. Any amount of money that may at the time this Code goes
into effect be loaned out, or on deposit under the Act of December
11th, 1858, shall be returned to the Treasury, and appropriated to
taking up that amount of the public debt under the provisions of
this Section.
6. The Educational Fund thus raised shall be subject to appro-
priation by the General Assembly to any educational purpose in
this State.
§ 1271. From any balance that may be in the State Treasury
Balances in at the time of distributing the Educational Fund, over and above
the expenses, ordinary and extraordinary, of the State Govern-
ment for the then political year. If said balance is not drawn
out, scrip for it is to be issued and used as set forth in preceding
paragraph.
§ 1272. From any money donated by will, deed, or otherwise, for
Donations. SUCh purpOSC.
§ 1273. In the case named in the preceding Section, it is the
fpi^'ES- duty of the Governor—
mauage(?^'^ !• UpoH a tender of the sum so given or bequeathed in cash, to
PT. 1.— TIT. 12.— CHAP. 6.— Education. 245
Article 3. — The Educational Fund — how paid out by the State.
have the same deposited in the State Treasury, and the State shall
thereby become pledged for the payment of said sum according to
the terms of the donation, and if thereby the interest alone is to
be used, said interest shall be paid at the rate of six per cent, per
annum.
2. To issue scrip or educational bonds therefor, to the person
named as Trustee, and if none is named, then to the State's Trus-
tee of the Educational Fund.
3. The interest to be payable in the same manner, and the fund
to be managed as said Educational Fund, unless a different mode
is prescribed hj the donor ; then according to said mode, if possi-
ble to be done. In no case, under the above provision, shall the
-State be liable to refund the principal thus paid into the Treasury.
§1274. The appropriations of the net earnings of the State EarDinssof
Koad and of the balances in the Treasury, may be discontinued may Ve'cu-
VGrt6(l
by the State, in vrhole or in part, by act of the General Assembly.
ARTICLE II.
THE EDUCATIONAL EUXD-HOW PAID OUT BY THE STATE.
Section.
1275. A list of cbiidren, etc.
1276. Funds — how rLi;propriated.
1277. Warrant for School Fund.
.Section.
1278. County failing to make returns.
1279. Penalty for false return.
§1275. The Ordinary of each County shall annually, by the Listofchii-
third Monday in JNovemxber, report to the Grovernor, under his organized.
hand and, seal the whole number of children in his County, as as-
certained from the Tax Receiver's digest, his own knowledge, and
the knowledge of the Grand Jury, as hereinafter set forth.
§ 1276. As soon as that is done, the Governor shall, on that Funds-how-
day, make an estimate of the amount of the Educational Fund in ^^^'^^^°"®
the Treasury, and of the number of children in each County, and
make a pro rata division of the same among the different Coun-
ties, according to the number reported from each.
§ 1277. For the amount each County is entitled to he shall draw wanantfor
- . 1 rn ^ n r> f i School Fund,
his warrant on the Treasury m tavor of the several Ordinaries for
their respective amounts. The Treasurer shall pay the same to
each Ordinary, or his order, taking a receipt for the same. If the
Ordinary is not Treasurer of tho Board of Education, the war-
246 PT. 1.— TIT. 12.— CHAP. 6.— Educatiois^
Article 3. — The Educational Fund of the Counties — how made up.
rant must be in favor of said Treasurer, and tlie Ordinary, in lii&
report, must certify wlio is such Treasurer.
Fund lost § 1278. If any County neglects to present a proper return to
ie' return the Govcmor hj the time prescribed it loses its share in the fund.
§ 1279. If any Ordinary certifies to the Governor a greater
Penalty for number of children than he is authorized to, he is ffuilty of mal-
excessivere- . . ^^ , . . o ./
tui-n. practice in office, and may be indicted ; and, if found guilty, may
be fined and imprisoned in the discretion of the Co-urt.
ARTICLE III,
THE EDUCATIONAL FUND OF THE COUNTIES-HOW MADE UP.
Section.
1280. School Fund of the County.
♦ 1281. Tax for education — how levied.
1282. When Grand Jury fail, etc.
Section.
1283. Wants of County to be regarded.
128-4. School Fund— to whom paid.
§ 1280, The Educational Fund of the respective Counties of
School Fund this State is made up of —
—how made 1. The sharc of the State Fund which may be distributed to
up. "^
each.
2. The amount raised by taxation for such purpose.
3. The money arising from the sale of any escheated property.
4. The money arising from fines and forfeitures over and above
the charges upon it, and from the result of qui-tam actions, where
the whole or one-half goes to the State or County, and is, by spe-
cial enactment, directed to be paid to the Educational Fund.
§1281. The Justices of the Inferior Court of the several Coun-
Tnx for edu- ties havc authority, upon the recommendation of the Grand Jury,
cation— how n m r t • ^ o
levied. to Icvy a tax upon the fetate tax, tor educational purposes, oi
such per cent, as said Jury may recommend.
§ 1282. If the Grand Jury, at the time they must recommend
Tax— how the general County tax, fail to take any action in reference to
levied when ^ • n f re /-s tt- n ^ ■\' cr
Grand Jury such tax, or if different Grand Juries oi the same term diner-
fails to re- .,.,..,
commend, eutly recommcud, said Justices may, in their discretion, \qyj a
tax for such purpose, not to exceed twenty-five per cent, upon
the State tax. If such Grand Juries recommend a different per
cent, said Justices may levy the medium between the two extremes.
§ 1283. When the levy of said tax is entirely in the discretion
Country %e- of Said Justices, they shall consult the other members of the
PT. 1.— TIT. 12.— CHAP. 6.— Education.
247
Article 4. — The Educational Fund of Counties — by whom managed.
Board of Education, to ascertain the wants of the County before gardedmie-
*' vying tax.
doinfT so.
§ 1284. All moneys from all said sources are to be paid, when school Fund
collected by the proper officers,"to the Ordinary, if Treasurer of paid.
the School Fund of the County — if not, to said Treasurer.
ARTICLE IV.
THE EDUCATIONAL FUND OF COUNTIES -BY WHOM MANAGED.
Section.
1285. For each County, etc.
1286. Board of Education— their duty.
1287. Price of tuition.
1288. Course of study prescribed.
1289. Teachers must be examined.
1290; How paid.
1291. Previous accounts may be paid.
1292. Teachers' accounts — how made out.
Section.
1293. Com. schools maybe established.
1294. Board failing to devise a plan.
1295. Ordinary must give bond as Treas.
1296. Additional bond may be required.
1297. Treasurer failing to pay, etc.
1298. Secretary of Board— who shall be.
1299. Ordinary must report to Governor.
8 1285. The Educational Fund of each County is under the Board of
, . . . Education —
manasjement of a Board of Education, which Board is to consist how organ-
■=* ^ ^ ^ ized.
of the Justices of the Inferior Court, the Ordinary, and some other
qualified citizen, to be selected by the Judge of the Superior
Court presiding in said County. The person so selected holds
the position for the term of four years, unless a vacancy occurs
from any cause. The appointment and the filling of any vacancy
by the said Judge shall be entered on the minutes of the Superior
Court. The person appointed to fill a vacancy shall hold for a
full term.
§ 1286. It is the duty of said, Board —
1. To disburse the school fund for their respective Counties ^^^^^."^y^J
in the manner that in their judgment will best promote the cause Education,
of general education under the law.
2. To act by themselves, or a committee, as a Board of Exam-
iners, and examine all teachers who participate in the school
funds upon the elementary branches, and also upon English
grammar and geography, if the teacher applying shall desire, and
to give said teachers the proper certificates of their qualification.
3. To publish annually the school system they may adopt,
including the rates of tuition, in the public gazette where their
respective Sheriffs publish their sales, together with their receipts
from difi'erent sources and the items of expenditure.
248 PT. l.~TIT. 12.— CHAP. 6.-Educatio^^
Article 4. — The Educational Fund of Counties — by whom managed.
4. To meet once a month at the Court House, on the day
the Court of Ordinary is held, and as often as may be necessary
when called by either member of the Board.
§ 1287. [The Board of Education are authorized to allow the
Price of toachers of children entitled to the benefit of the poor school
fund, the same 'per diem pay for teaching said children as is
charged by the same teachers for other children pursuing similar
branches of study; provided, said charge shall not exceed sixteen
cents per day.] (a)
§1288. By the term elementary branches is meant spelling,
What reading, writing, and arithmetic; but children entitled to the
branches be-
neficiary benefit of the school fund may study English grammar and
may study. > i t, ^ • • -y
geography, or any other study, provided the tuition does not then,
nor in any other contingency, exceed the rates of sixteen cents
per day. Under said permission, such children who may be well
educated in said branches mentioned, may, by special permission
of the Board, study exclusively, at the same rates of tuition, higher
branches of utility with any teacher competent to instruct them.
§ 1289. A teacher claiming pay out of the school fund shall
Certificate to not be >enti tied thereto for any teaching; done prior to his exami-
teachers. . . . . ,
nation before the Board of Education. When a majority of the
Board know of the competency of a teacher, they may give him
the certificate without examination. Teachera shall be examined
or receive the certificate whenever they apply.
§1290. Teachers must be paid quarterly by the Treasurer,
Teachers— Avhon their accouiits are passed by the Board, provided there are
funds; if insufficient funds, then all of equal dignity are to be paid
pro rata. If at the close of the year the school fund is not suffi-
cient to pay all the teachers' accounts, duly passed, said accounts
must be first paid out of the funds raised for the next year. The
rates of tuition should be so 6xed by the Board of Education as
to give all the children the benefit of the fund annually who
have the right of participation. Teachers who do not have their
accounts passed on by the first of January, annually, are post-
poned in their payment until the next year unless there is a sur-
plus fund. All teachers' accounts for the year, and passed in the
year, are of equal dignity without regard to the time when the
teaching was done.
(a) Acts of 1863-4, p. 24.
PT. 1.— TIT. 12.— CHAP. 6.— Education. 249
Article 4. — The Educational Fund of Counties— by whom managed.
8 1291. Whenever tlie state of the funds will warrant it, persons ^ Accounts
" ^ for previous
who have in good faith taught poor children, prior to twenty- ^^i^^^'^jfg^®
first December, 1859, and have not been paid, shall have their
accounts passed by the Board of Education, and shall rank as of
the year when so passed, but in no other case shall a teacher be
paid who has not the proper certificate. Two-thirds of the Board
of Education may, however, order an account paid when the neg-
lect to return is satisfactorily explained. The Legislature shall
not interfere in such cases. Children who reside in one County Tuition to
and go to school in another are to be paid for out of the fund of county m
the County of their residence ; provided, the teacher claiming the resides.
pay has a certificate from the Board of Educatioi;! of the County
where he teaches.
8 1292. All teachers' accounts shall state the number of days Teaciiers'ac-
" ^ *^ couuts — how
each child was taught, the studies pursued, and the rate of ™^*i'-- ^^^t.
tuition claimed, which shall be sworn to.
§ 1293. When the Educational Eund of a County and the state common
soil Ool ^ T*T T/V
of the population will warrant it, the Board of Education of each be estabiish-
County have authority to establish a common school, or schools,
to name and limit the number of scholars, and fix the salary of
teachers ; provided, all the children of the County entitled to
share the Educational Fund are provided for, or there are means
reserved for that purpose.
§1294. If the Board of Education fail to devise any plan of what laws
govern in
education, the laws of force prior to December 13th, 1859, are absence of
continued in force.
§ 1295. If the Ordinary of any County shall fail to 2;ive the Ordinary
" «/ «/ t/ o must give
bond required of him as Treasurer of the Board of Education, scSiJJjfTj.g^s!
said Board has power to select some other responsible person to "^*'^-
act as such, who shall give the requisite bond and security.
§ 1296. The Board may require of the Treasurer of the School Additional
Fund an additional bond, on the terms required by the Justices of required.
the Inferior Courts of other officers.
8 1297. If Such Treasurer shall fail to pay out any School Proceeding
■'■ •^ "^ against the
Fund, as required by law, on knowledge of such failure coming to J''f''^^"i'^^f^'^
' ••• . .... failure to pay
the Board, they shall issue a rule nisi against him, requiring him
to appear before them within ten days, to show cause for such
failure, and upon failing to show good cause, the Board shall order
the Clerk of the Inferior Court to issue execution against him and
his sureties : said execution shall be directed to all and singular
250
PT. 1.— TIT. 12.— CHAP. 6.— Education.
Article 5. — The Beneficiaries of the Educational Fund.
the Sheriffs of the State, and shall have the form and effect of a
tax fi. fa. issued by the Justices of the Inferior Court, and said fi.
fa. shall claim twenty per cent, per annum interest from time of
default.
§ 1298. The Clerk of the Inferior Court shall be Secretary of
Secretary the Board of Education in the absence of the Ordinary or his
of Board of ^. , , . , . . ,
Education. Clcrk, or whcn either is interested.
§ 1299. The Ordinary shall furnish the Governor any informa-
ordinary tiou he may desire touching the plan of education in the County,
to GoverDor. and the number of children pursuing different studies, and shall
annually, at the close of the educational year, report to the Gov-
ernor what balance, if any, there is of the Educational Fund, and
what amount was raised by the County from other sources than
the State.
ARTICLE Y.
THE BENEFICIARIES OF THE EDUCATIONAL FUND.
Section.
1300. Persons entitled to School Fund.
1301. How ascertained, and by whom.
Section.
1302. List may he corrected.
§ 1300. All children between the ages of six and eighteen years.
Who enti- withiu their respective Counties, are entitled to the benefits of
fund. said fund, under the system that may be adopted by the respective
Boards of Education ; but children of parents who are unable to
educate them, children discarded by their parents, and indigent
orphan children, must first be provided for.
§ ^ 301. Such last mentioned children shall be ascertained as
Poor chil- follows :
ascertained. 1. The Rccciver of Tax Returns of each County shall require of
each tax payer, when giving his tax returns, to state, under oath,
the number of his children and children under his care between
the ages of six and eighteen years.
2. As soon as the digest is compiled, the Ordinary shall select
from the whole number the names of those who, from the poverty
of their parents or otherwise, have not the means of being edu-
cated, and shall add thereto such as are in the same condition
within his knowledge who have not been returned.
3. The list returned by the Tax Receiver, together with the
PT. 1.— TIT. 12.~CHAP. 6.— Education.
251
Article 5. — The Beneficiaries of the Educational Fund.
Ordinary's selection therefrom, shall be reported to any panel of
Grand Jurors at the first Court held thereafter, and said Grand
Jury shall examine said list, and ratify the Ordinary's selection in
Tvhole, or correct it, according to their best judgment, and may
also add to the lists such as they know have not been returned to
them.
4. If the Grand Jury, at said term, fail to take definite action,
the list of the Ordinary shall stand.
5. When the list is finally made up it shall be returned to the
Board of Education, and be entered on the proper book by the
Ordinary.
6. Any person may, from time to time, report -to said Board
the names of any poor children not already reported, which, by
order thereof, shall be added to the list.
§ 1302. If the Board is satisfied by proof that any children are List may be
corr6ctG(i
on the list who are not entitled to be there, they have power to
have them erased at any time, and to inform any teacher or other
person interested in their action ; iirovided^ the system of educa-
tion they may have adopted renders it necessary.
TITLE XIII.
ELECTIONS BY THE PEOPLE.
CHAPTER I.
QUALIFICATION OF VOTERS.
Section.
1303. Who may vote for legislators.
1304. Voters for other officers.
1305. When one may vote out of County.
Section.
1306. Oath of voter out of his County.
1307. Additional oath may be required.
1308. Transferred voters.
§ 1303. The qualification of voters for members of the General Quaiifica-
Assembly is contained in the followino; oath, which must be taken tersformem-
, ... bers of Leg-
when the managers of an election require it : isiature.
["I swear that I have attained to the age of twenty-one years ; Voter'soath.
that I am a citizen of the United States, and have resided for the
last two years in this State, and for the last six months in this
252 PT. 1.— TIT. 13.— Elections by the People.
Chapter 1. — Qualification of Voters.
County, and have considered and claimed it as my home, and have
paid all legal taxes which have been required of me and "which I
have had an opportunity of paying, agreeable to law, for the year
preceding this election. So help me God."] (a)
§ 1301. Persons qualified to vote for members of the General
Sucii oiec- Assembly, and none others, are qualified to vote for any other offi-
torsmay .. .. ..
^ote for ail cers, civil or military, unless said privilege be enlarged or re-
^^^- stricted by the Constitution or some special enactment.
§ 1305. Any qualified voter for members of the General Assem-
when eiec- bly may vote for any candidate, or upon any question which is
vote in any submitted to all the voters of the State, in any County of the
part of the ^ t ^ J J
state,circuit State, and for any candidate or question which is submitted to all
or District. ? »/ i
the voters of any District or Circuit, in any County of the Circuit,
or District, in which is embraced the County of the voter's residence.
1306. [A voter coming under the preceding Section shall take
Oath of vo- the followins; oath, when required by the manasrers of an election :
ters under o ' ^ J ^ &
last section. "J swcar that I have attained to the age of twenty-one years;
that I am a citizen of the United States, and have resided for the
last two years in this State, and for the last six months in this
District or Circuit (as the case may be), and have considered and
claimed it as my home, and have paid all legal taxes which have
been required of me, and which I have had an opportunity of pay-
ing agreeable to law, for the year preceding this election. So help
me God."] (a)
§ 1307. The superintendents may, in their discretion, or if de-
snperin- maudcd by a qualified voter, compel a person offering to vote to
may require alsO take this Oath :
an addition- ^ t-t t i-iii
aioathdeny- "i swcar that i havc not this day voted at any election held at
vo'tedbefore! any placc in this State for any of the candidates, nor for any
other person for any of the offices to be filled. So help me God."
§ 1308. When any County, or portion of a County, is changed
Voterstrans- from ouc Couuty, or ouc District, or one Circuit to another, the
one District, pcrsous who would havc been qualified to vote for members of the
Circuit to General Assembly in the County, District, or Circuit from which
another to '' . -^.
vote in lat- taken, at the time of any election, shall vote in the County, Dis-
ter District, ... . .
etc. trict, or Circuit, to which they are removed, and if required to
swear, the oath may be so qualified as to contain this fact. This
provision, when applicable, appertains also tp military elections.
(a) Acts 1865-6, pp. 80-1.
PT. 1. — TIT. 13.— Elections by the People.
253
Chapter 2. — Election for Members of the General Assembly.
CHAPTER II.
ELECTION FOR MEMBERS OF THE GENERAL ASSEMBLY.
Sectiox,
1309. Holders of elections for legislators.
1310. Oath, of superintendents.
1311. Before whom taken.
1312. Election precincts.
1313. Time of liokling elections.
1314. "When freeholders may superintend.
1315. Elections — how conducted.
Section.
1316. Penalty against superintendents.
1317. Grand Jury to examine lists.
1318. Election blanks — how furnished.
1319. Misconduct of managers.
1320. Voters exempt from civil process.
1321. Vacancies for Legislature.
1322. Special elections — how conducted.
Superin-
tendents to
take oath.
§ 1309. The persons qualified to hold such elections are Justices superin-
of the Inferior Court, Justices of the Peace and freeholders, elections for
There must be three superintendents, and one must either be a the Leg'isia-
tvirs
Justice of the Inferior Court, or a Justice of the Peace, except in
a certain contingency hereinafter to be set forth.
1310. Before proceeding with the election, each superintendent
must take and subscribe the following oath:
''All and each of us do swear, that we will faithfully superin-
tend this day's election ; that we are Justices of the Inferior
Court, Justices of the Peace, or freeholders (as the case may be),
of this County; that we will make a just and true return thereof,
and not knowingly permit any one to vote unless we believe he is
entitled to do so according to the laws of this State, nor know-
ingly prohibit any one from voting who is so entitled by law, and
will not divulge for whom any vote was cast, unless called on un-
der the law to do so. So help me God." Said affidavit shall be
signed by the superintendents in the capacity each acts in full, *
both as to name and station, and not by abbreviation.
§ 1311. Said oath shall be taken before some officer qualified to oathofsu-
T.. i.r» , ^ 'n 1 ,1 , Perintendent
administer an oath, it present, and it none such are on the spot, —before
and acting at the time required, then said Superintendents may
swear each other, and the oath shall be of the same eifect as if
taken before a qualified officer.
§ 1312. Such election shall be held at the Court Houses of the Places of
respective Counties, and if no Court House, at some place within tion. °
the limits of the County site, and at the several election precincts
thereof (if any) established or to be established. Said precincts But one pre-
must not exceed one in each militia district. Such precincts are mmtia" dS
established, changed, or abolished by the Justices of the Inferior
Court at a regular term of the Court — descriptions of which must changed,"tc!
be entered on their minutes at the time.
254 PT. 1.— TIT. 13.— Elections by the People.
Chapter 2. — Election for Members of the G-eneral Assembly.
§ 1313. The day of holding the same is the first Wednesday in
Elections October, 1861, and biennally thereafter, and the time of day for
biennial — on . .
yhat days— keopinsc ODcn the elections is from seven o'clock A. M. to six o'clock
during what r o r
heiT ^^ ^^ ^' ^' ^^ *^® Court House, and from eight o'clock A. M. to [three]
(a) o'clock P. M. at the precincts.
§1314. If by ten o'clock A. M. on the day of the election, there
Three free- ig no proDor officor proscnt to hold the election, or there is one,
holders may i i i. 7 7
eKou'^^"^ and he refuses, three freeholders may superintend the election, and
shall administer the oath required to each other, which shall be of
the same effect as if taken by a qualified officer.
Manner of § 1315. All Superintendents shall have such elections conducted
conducting . ,, ^ ,,
elections, lu the loilowmg manner :
bZio? ^^" ^' -^^^ ^^^^ ^^^^^ ^^ given by ballot.
2. There shall be kept by the superintendents, or by three
Listofvot- clerks under their appointment, three lists of the names of voters,
€rs and tally , . , , n , i /» i •
sheets to be wliicli shall bo numbered in the order of their votinsr, and also
kept. o'
three tally sheets.
3. As each ballot is received the number of the voter on the
Number of list shall be marked on his ballot before beina; deposited in the
voter. ^ ^
box.
4. When any voter is challenged and sworn it shall be so writ-
Voterchal- . ■, . i t i i i • i n .
lenged. ten oppositc his name on the list, and also on nis ballot.
5. The superintendents may begin to count the votes at any
to be^^coun^ ^^^^ ^^ their discretion, but they shall not do so until the polls
date^oiJTcts" ^^r© closed, if a candidate in person, or by written authority, objects.
6. When the votes are all counted out, there must be a certifi-
Certificate catc, signed by all of the superintendents, stating the number of
tendents."^ votcs cach pcrsou votod for received ; and each list of voters and
tally sheet must have placed thereon the signature of the super-
intendents.
7. The superintendents of the precincts must send their cer-
certificates, tificates, and all other papers of the election, includino; the bal-
etc.tobecar- ' ^ ^ .
ried to the lots, uudcr the Seal, to the County site for consolidation, in chars^e
County site. ^ ^ ' *' ^ 70
of one of their number, which must be delivered there by twelve
o'clock M. of the next day. Such person is allowed two dollars,
to be paid out of the County Treasury, for such service.
8. The superintendents to consolidate the vote of the County,
consoMate niust cousist of all thoso who officiated at the County site, or a
their'd'ut^ majority of them — at least one from each precinct. They shall
(a) Acts of 1865-6, p. 24.
PT. 1.— TIT. 18.— Elections by the People. 255
Chapter 2. — Election for Members of the General Assembly.
make and subscribe two certificates, stating the whole number of
votes each person received in the County : one of them, together
with one list of voters and one tally sheet from each place of hold-
ing the election, shall be sealed up and without delay mailed to the
Governor ; the other, with like accompaniments, shall be directed
to the Clerk of the Superior Court of the County, and by him de-
posited in his office. Each of said returns must contain copies of
the original oaths taken by the superintendents at the Court
House and precincts.
9. The ballots shall not be examined by the superintendents or saiiots not
the bystanders, but shall be carefully sealed in a strong envelope ^^^^^^^ '
(the superintendents writing their names across the seal), and de- Tobedeiiv-
livered to the Clerk of the Superior Court, by whom they shall ^^^
be kept unopened and unaltered for sixty days, if the next Supe- , ^J^^ ^^p*
rior Court sits in that time, if not, until after said term ; after
which time, if there is not a contest begun about said election, the
said ballots shall be destroyed without opening or examining the wiien de-
same, or permitting others to do so. And if the Clerk shall vio- ^ ^^^^ '
late, or permit others to violate this Section, he and the person Penalty of
violating shall be subject to be indicted and fined not less than one
hundred, nor more than five hundred dollars. Such Clerks shall cierktode-
, liver lists to
deliver said list of voters to their respective Grand Juries on the G'^nd Jury
■*■ ^ — penalty for
first day of the next term of the Superior Court, and on failure foiling.
to do so, are liable to a fine of not less than one hundred dollars
on being indicted and convicted thereof.
§ 1316. If said superintendents do not deliver said lists and Penalty
accompaniments to said clerks within three days from the day of enntendents'
the election they are liable to indictment, and on conviction,
shall be fined not less than fifty, nor more than five hundred dollars.
Any superintendent of an election failing to discharge any duty peri^tSdent
required of him by law is liable to a like proceeding and penalty, cfuty.^^ ^'^^
§1317. The Grand Juries shall examine said lists, and if any Grand Jury
voter is found thereon who was not entitled to vote they shall ii'^ts.^^^'^^"^
present said illegal voter. If any person is suspected of voting Foreman
for members of the General Assembly who was not entitled, but iSaiiS"^"
was entitled to vote for some other candidate at the same election,
the foreman of the Grand Jury may examine the ballot, and
that one alone, and lay it before the Grand Jury and return it. menuSinst
If the superintendents fail to return, as required, the lists and IX."''*^^^'
the ballots, they must be presented.
256 PT. 1.— TIT. 13.— Elections by the People.
Chapter 2. — Election for Members of the General Assembly.
§ 1818. The Governor sliall furnish the several Clerks of the
Blanks to Inferior Court all blank forms necessary for said elections, which
be furnished inr»'iiT- n i -r-\ n t /-<
by Governor they shall lumish the Justices 01 the Peace of their Counties at
to Clerk. *^ ^ t n i • i
least ten days before election day, and on failure to do so, shall
Penalty for l^e liable to a fine by their Courts not exceeding one hundred
SlS'f' '^dollars.
§ 1319. If the superintendents or officers of such election shall
Penaityand make a fraudulent return thereof, or they or either of them,
casesuperin- wMlc SO officiating, shall influence, or attempt to influence or per-
tendents ,,. ,
make fraud- suade any voter not to vote as he designed, or shall take any
ulentre- "^ . • . "^
turns or in- uiiduc mcans to obtaiu a vote, they shall forfeit for the offense one
terfere with .
voter. hundred dollars, to be recovered by information, and if the per-
son be a Justice, he forfeits his office on proceedings for removal.
§ 1320. No civil officer shall execute any writ, or civil process
froS**^a/re?t upon the body of any person qualified to vote at such elections
to, reuifninf while going to, or returning from, or during his stay there, on the
ring'LiTstay day, uudcr the penalty of five hundred dollars, to be recovered by
tion. Penal- action. A reasonable and full time shall be allowed for the jour-
ty on oflicer
for arrest, ncy to and irom the polls.
§ 1321. Elections to fill vacancies for members of the General
Twenty Assembly take place under the authority of a writ of election,
days notice .
ofeiection to issued by the Governor to the Justices of the Inferior Court of
fill vacancy "^
fe^Sl- ^^^^ County where the vacancy occurs, who must order and publish
a day for holding the same, by giving at least twenty days' notice.
Elections § 1322. All tlic provisions of this Chapter apply equally to
cies, etc. elcctions to fill such vacancies and any other special election.
for m
of
ture.
CHAPTER III.
ELECTION FOR GOVEENOR, MEMBERS OF CONGRESS, ELECTORS FOR PRES-
IDENT AND VICE-PRESIDENT, JUDGES OP THE SUPERIOR COURTS,
AND SOLICITORS GENERAL.
Article 1. — Provisions applicable to all.
Article 2. — For Cfovernor.
Article 3. — For Members of Congress,
Article 4. — Electors for President and Vice-President.
Article 5. — Judges of Superior Courts and Solicitors G-eneral
PT. 1.— TIT. 13.— CHAP. 3.— Elections by the People. 257
Article 1. — Provisions applicable to all.
ARTICLE I.
PROVISIONS APPLICABLE TO ALL.
Sectiox 1323. Such elections — how conducted.
§ 1323. The election for the officers headinor this Chapter are Particulars
^ , ° '^^ in which el-
governed by the same rule as elections for members of the General ections for
^ *> Governor,
Assembly in the followinsi; particulars : members of
•^ c>r Congress,
1. In the oaths to be taken by the voters. ?oiifo"r^Pre-
2. In the class of persons to hold the elections and the oath vic^^presf.
to be taken by them. ' ^^erned' %
3. In the places and the time of the day to hold them. STiections^
4. In the manner of conducting and returning them, including J? iSeTegTs-
all special elections, and in the duty of the Clerks of the Superior ^ ^^^■-
Courts and the Grand Juries.
5. In the several penalties attached to the Superintendent or
other persons.
6. In the furnishing of blanks by the Governor.
7. In all other respects where applicable, and there is not a con-
trary provision by law.
ARTICLE IL
EOB GOVERNOR.
Sectiom. j Section.
1324. Governor's election, etc. 1 1325. Retujga of vote for Governor.
§ 1324. The Governor is elected biennially, at the same time Governor
to 1)G clcctccl
when members of the General Assembly are regularly elected, Menniaiiy.
and a vacancy in the office is to be filled as required by the Con-
stitution and the regulations of this Code elsewhere in conformity how^mS"
thereto.
§ 1325. At the election for Governor a third packasie must be separate
1 • . 'c r» 1 /^ 1 o package
made up containing a certificate of the Governor's vote alone, to- ^^'th certih-
r^ ' cate of vote
gether with the other papers of the election, as in the case of ^^^ Govcfn-
" ^ ^ ' or to be sent
members of the General Assembly, which shall be directed by ^^ ™'^"' ^*<'-
mail to "the President of the Senate and Speaker of the House
of Representatives."
17
258 PT. 1.— TIT. 13.— CHAP. 3.— Electiox^s by the People.
Article 3. — For Members of Confess.
ARTICLE III.
FOR MEMBERS OF CONGRESS.
Section.
1326. Congressmen — when elected.
1327. Elections for extra sessions.
1328. Qualification of voters.
Section.
1329. Proclamation of result.
1330. Election in case of a tie.
1331. Commissions — when applied for.
§ 1326. Members of the House of Representatives of the United
Elections Statos ConsTross are elected at the same time and places that the
for members /-^ a
of Congress. Govomor and members of the General Assembly are regularly
elected, by the voters of their respective Congressional Districts.
§ 1327. If an extra session of Congress should be called after
Governor the expiratiou of the Cons^ressional term, and before the next resc-
must order i. o ^ o
an election ^j^r time for holdinsT such elections, the Governor must issue his
— when. o y
proclamation ordering an election of such Representatives for such
extra session.
§ 1328. Besides the qualifications required by the Constitution,
Candidate a residence of one year next preceding the day of election in the
must reside . ,,.,„,.
one year in district whoro the Candidate oiiers is necessary to make him eligi-
districttobe "^ °
eligible. ])\q to clcction.
§ 1329. Within twenty days after the election the Governor
Governor shall couut UD the votos, and immediately thereafter issue his proc-
to count up -"^ ' ^ ^
votes, etc. lamation, declaring the person having the highest number of votes,
and otherwise qualified, to be duly elected to represent this State
in the House of Representatives of the United States, and for
what period.
§ 1330. If two or more persons, equally qualified, should have
In case of the Same number of votes, the Governor shall issue his proclama-
a tie new ' ^
deTed^^ ^^' ^^0^) Ordering a new election, in not less than thirty days.
§ 1331. If any person duly elected as aforesaid shall not, with-
Members jn thirty days after the Governor's proclamation, apply for his
ply for corn- commissiou, the Governor shall order a new election, as prescribed
mission in ' ' r
thirty days, jj^ ^^q preceding Section, and vacancies for any cause are filled in
like manner.
PT. i._TIT. 13.-~-CHAP. 3.-~-Elections by the People. 259
Article 4, — Electors for President and Yice-President.
ARTICLE IT.
ELECTORS FOR PRESIDENT AND VICE-PRESIDENT.
Section.
1332, Presidential Electors — when chosen
1333. When and where to cast vote,
1334:. Vacancies — how filled.
1335. Majority failing to meet.
Section.
1336. Electoral college — hoAV organized.
1337. Messenger to be chosen.
1338. Pay of Electors and Secretary.
§1332, On tke first Monday in November, 1868, and every Dayofei-
ection for El-
fourth year thereafter, until altered by act of Congress, there shall ^^tors of
be an election for Electors of President and Vice-President of the pJ.eaidSJr"
United States.
§ 1333. On the twentieth day after said election shall have taken Governor
-place, it is the duty of the Governor to consolidate the several re- date returns
^ ^ •^ _ ^ and notify
turns and immediately notify those persons of their election who tiie persons.
have received a vote amounting to a majority, and to require their
attendance at the Capitol on the first Monday in December there-
after to cast the vote of the State on the Wednesday following at
twelve o'clock m.
§1334, In the event all, or a majority of said Electors may not Aiiorama-
have received a majority, the Governor shall communicate the fact ectors fail-
ID*'* to TQ"
to the General Assembly, if in session, and if not, he shall issue cefve a ma-
. , . . j o r 1 1 y of
his proclamation convening them in time to secure the vote of the ^otes cast,
State in the Electoral Colkge. The General Assembly shall, by
joint ballot, elect as many Electors as have not received said ma-
jority. If a majority of Electors have been chosen by the peo-
ple, they may fill the remaining vacancies themselves by ballot,
which election shall be communicated to the Governor. If, when
the Electors elected by the people, or by the General Assembly, Electoral
or some by each, convene at the Capitol, any of their number may fiu^'^^S
not be present at the time specified for counting the vote, a ma-"^^'^^*
jority of the elected may fill all vacancies, which shall be duly
•communicated to the Governor.
§ 1335. If a majority fail to attend by said Wednesday at noon, on failure
from providential cause, those who do attend may adjourn from ofeiSi-sto
day to day for ten days, and if a majority is not present at the
expiration of that time, the Governor shall convene the General
Assembly on ten days' notice, who shall fill the vacancies by elec-
tion.
§ 1336. The electors, when assembled to cast the vote, shall
260 PT. 1,— TIT. 13.— CHAP. 3.— Electtions' by the Peoplk
Article 5. — Judges of the Superior Courts and Solicitors General.
Eieetorai choosG a President of their body from their number, and a Secre-
CoUege to , ,
chooseaPre- tarv not of their number ; said Secretary shall make a record of
sident, etc. . .
their proceedings in a book from the Executive Department kept
for that purpose.
§ 1337. Such Electors shall elect, by a majority vote, a mes-
Electoral senger to convey the vote of Georgia, and shall, in regard to that
choose a Q^Y^^ g^n other matters, proceed, accordinp; to the acts of Congress
Messenger. ? r 7 o o
in such cases made and provided.
§ 1338. The pay of Electors shall be eight dollars per day for
Pay and evory day required in remainino; at the Capitol on their mission,.
mileage of »^ «^ ^ o i -'
Electors, g^j^^ eight dollars for every twenty miles in going to and returning
therefrom, said mileage to be computed as that of members of the
and of their General Assembly. The pay of the Secretary shall be one hun-
Secretary. . .
dred dollars, all of which is to be paid either out of the contingent
fund, or out of any money in the Treasury, not otherwise appro-
priated, in the discretion of the Governor.
ARTICLE V.
JUDGES OF THE SUPERIOR^ COURTS AND SOLICITORS GENERAL,
Section.
1339. Judges — when elected.
1340. Proclamation of result.
1341. Oath of Judges — how taken, etc.
Section.
1342. New election — when ordered.
1343. Solicitors General — when elected,
1344. Must give bond.
§ 1339. The election for Judges of the Superior Court takes
election for placc ou tho first Wednesday in January next preceding the expi-
Judges eu- r. xi • • •
perior Court ration 01 their commissious.
§ 1340. The Governor, together with the Secretary of State,
Governor shall, within twcnty days after the election, count the votes, and
S count *^S!e ^^^-^^j immediately thereafter, issue his proclamation declaring the
votes, etc. persou rcceiviug [a majority of the votes cast] (a) for Judge in
each Circuit to be elected, and also requiring said person elect to
appear before him, or two or more Justices of the Inferior Court
of the County of his residence to take and subscribe the oaths of
office, unless otherwise specially permitted.
§ 1341. When said oaths are taken before the Justices afore-
cie?k^orti?f said, they shall be entered by the Clerk of the Inferior Court of
Court, etc? "^ su«h Couuty ou their minutes, and they shall transmit, under
(a) Constitution— Art. 4, Sec. 3, Par, 1.
PT. 1.— TIT. 13.— Electioi^^s by the People. 261
Chapter 4. — For Justices of the Inferior Court, Ordinary, and County Officers.
their hands and seals, to the Governor copies of the same "without
delay, when the commissions shall be issued.
S 1342. If the person elect shall fail to appear and take the o^^e de-
" A ^ ^ clared va-
oath within thirty days from the dat^ of said proclamation, unless ^^^*' ^^®-
providentially prevented, the Governor shall declare said office
■vacant, proceed to fill the vacancy, and, by proclamation, order
another ele<5tion to take place within thirty days from the date of
his proclamation for said purpose.
§ 1343. Solicitors General are elected on the first Wednesday ^ ^Ek<;^^«^
•^ for Solicitors
in January next pre^seding the expiration of their commissions. General.
§ 1344. The Governor shall proclaim the election of Solicitors , Governor
" ■»■ to declare
General in the same manner that he does that of Judges, with the J^^Jj^ is eiec-
■difference that he shall require them to execute, before such Jus-
tices, to be approved by them, their official bonds, which shall be , Solicitors
^ r L ^ y y to gjye bond
hj said Clerk transmitted to the Governor, together with a certi-
fied copy of the oaths from his minutes-
CHAPTER IT.
POR JUSTICES OF THE INFERIOR COURT, ORDINARY AND
COUNTY OFFICERS.
foECTIOX.
1345. Election of Cotinty ofFiccre, etc..
1346- Ordinaries and J. I. C.'s, etc.
1347. Oilier officers — when elected.
Section.
1348. County Treasurer — when elected.
1349. Election of other County officers.
Io50. Notice of election — how given.
§ 1345. Article I. of Chapter IIL, Section 1323, applies to the Elections
•^ . r -> y r-ir f^^. Justices
officers whose elections are provided for in this Chapter. of inferior
^ ^ ^ Court, etc.
§ 1346, Justices of the Inferior Court and Ordinaries are rj^^^ ^^
elected on the first Wednesday in January next preceding the ex- ^^^^^^^"^ ®*<'-
piration of their commissions.
§ 1347. Clerks of the Superior and Iriferior Courts, and Sher- Time of
Tpm/^n m -rt ' r^ r-t t/-m electing oth-
aiis, lax Ooliectors, Tax lieeeiv-ers, County Surveyors, and C or o - er county of-
'^ fleers.
ners, are elected on the same day and month mentioned next pr-e-
ceding the expiration of their commissions.
§ 1348. Cousity Treasurers, where ele-cted by the Yoters, are county trea-
, , , . ,, surers, etc.
elected at the same time, sunnually.
§ 1349. The election of any officer not mentioned, whose duties General pro-
262 PT. 1.— TIT. 13.— Elections by the People.
Chapter 5. — For Justices of the Peace and Constables.
vision as to are entirely of a County nature, sball be elected at the same timev
time of elee- -^ • i i r»
tion, etc. unless Otherwise provided for.
§ 1350. When either of the officers mentioned are to he elected^
Clerk of In- ^hc Justicos of the Inferior Court shall cause their Clerk to give-
lerior C-ourt ^
to give no- thirty days' notice of the officers to be elected, and the time of the
tice ol elec- J J ?
tions. election, which shall be advertised at the door of the Court House^
and also in some gazette printed in the County, if any.
CHAPTER Y.
FOR JUSTICES OF THE FEA.CE AND CONSTABLES.
SeCTIOX. ; &ECTIOX.
1:351. Election of Justices of the Peace. 1 1354. Election — how negulated.
1552. How superintended. j 1355. Election of Constables.
1553. RetxtTBS — how made.. I 1356. Constable's ele«tion, etc.
§1351. Justices of the Peace are elected on the first Saturday
Time of el- in January next preceding the expiration of their commissions
Justices of by the voters of their respective districts, provided they have resi-
the Peace. '^ . . . ^ . ^ , . "^
etc. ded in the district as much as thirty days, immediately preceding
the election, and are otherwise qualified. The election must be
Place of held at the place of holding Justice's Court for the district : if
election.. -i o
none, then at the election precinct; if tio election precinct, then
at some place in the district named hj the Justices of the Inferior
Court, of which ten days' written notice must be sjiven in the
districts
§ 1352. Such elections shall be superintended \yj three free-
who shall holders of the district, who shall take the oath required in Chap-
superintend . . o-ir
elections, ter II., of this Title, Section IblO.
§ 1353. Said superintendents shall transmit one return of said
E-turns— to elcctions to the Governor and another ta the Clerk o-f the Supe-
' rior Court of the County, who shall keep the same on file. The
Ballots to be ballots shall be likewise sealed up, and the number of the district
sealed, etc. i j i
marked thereon and delivered to such Clerk.
§1354. The laws ^overnins: the elections f3r members of the
Elections— General Assembly govern in the elections of Justices of the
how govern- ttt • • • \_
ed. reace whenever they may be applied and are not inconsistent with
those of this Chapter.
PT. 1. — TIT. 13. — Elections by the People.
263
Chapter 6. — Contested Elections.
§ 1355. Constables are elected on the same day, month, and Time of
place that Justices of the Peace are, and by the same class of election; vo-
ters ; term
voters, once in two years. of office,
§ 1356. Their elections are to be conducted in the same manner justice of
as those of Justices of the Peace, with the exceptions that — preside at
Constables''
1. A Justice of the Peace must be one of the persons presiding election if
^^ ^ ^ ° not a candi-
at a Constable's election, if there is one in commission to be had, <iate.
and he is not a candidate at the same election.
2. The returns must be made to Clerk of the Inferior Court of ^^^^^^^°® J^
the County. Scou^t"'"
CHAPTER VI.
CONTESTED ELECTIONS.
Section.
1357. Elections — how contested.
1358. In case of Legislators.
1359. Ballots may be examined.
Section.
1360. Set off of illegal votes.
1361. Contents of Bailiffs' elections.
1362. What defeats election.
§ 1357. When the election of a person by the people to any Proceedings
m •• ' ' n ^ r^ r ^ 11^^ cases of
office requiring a commission from the Governor is contested the contested ei-
_ ^ ° ections.
proceedings are —
1. The adverse party shall have five days' notice in writing of
the intention to contest, and the grounds of the contest.
2. The notice shall state the time and place where the contes-
tant intends to take testimony, and the names of the witnesses, if
any.
3. The elect shall give like notice of the time and place where
he intends to take testimony, and the names of witnesses, if any.
4. Either party may appear by himself, or attorney, or both,
and cross-examine the witnesses.
5. At the time of taking testimony any judicial officer of the
County w^here the testimony is taken may preside to preserve
order, to swear witnesses, and to see that the testimony is fairly
and impartially taken down, but all the testimony offered must be
written down. Said officer has the power to subpoena witnesses
and compel their attendance, if in the State, and to issue commis-
sions to take testimony of persons out of the State, and to adjourn
from day to day.
264 PT. 1.— TIT. 13.— Elections by the People.
Chapter 6. — Contested Elections.
6. All the papers and proceedings, or copies of tliem, must be
transmitted to the Governor, certified to by the presiding officer,
or agreed to bj the parties.
7. When the Governor has notice of an intention to contest, he
shall not issue the commission until the contest is decided, or the
time has elapsed for it to begin.
8. Both parties may appear bj themselves and counsel, and
be heard before the Governor, who shall have both notified of the
day when he will hear the contest.
9. Testimony going to prove the illegality of a vote, and the
want of qualification in a voter, must be taken within thirty days
from the day of the election.
10. No proceedings can be begun to contest an election after
the Governor has issued the commission.
§ 1358. The proceedings to contest the seat of a member of the
Proceedings General Assembly are the same, and may be transmitted to the
Tvnen seat of •' ^ j
L^Tature^ Govcmor, who shall send the same, immediately after the organ-
is contested, izatiou, to the presiding officer of the House where the contest
lies, or may be sent direct to such presiding officer.
§ 1359. When an election is contested, on the ground of illegal
When sus- votcs, any of whom it is claimed on affidavit can probably be
lots may be provon bv resort to the ballots, specifyinor what ballots, it is the
examined. r J ? r J o J
duty of the Clerk of the Superior Court to deliver the same, to-
gether with the list of voters, to the person who presides at the
taking of testimony, who shall examine said suspected ballots, and
none other, and have put down as part of the testimony their
contents, and all other testimony attacking and defending their
legality.
§ 1360. Illeocal votes bv the method aforesaid, and otherwise,
Illegal votes mav bc provcu by both parties, and if such are proven on both
set off each . " J . r ^ r
other and sidcs ouc shall Stand aojainst another, and he is elected who has
highest ^
number oi \}^q greatest numbcr of legal votes. All are considered legal not
legal votes o c c
elects, etc. pj-Qven to be illegal.
§ 1361. In all elections for Constables, corporation officers, or
Who decides Other officers not provided for above, contests as to elections shall
contest in ^
Constables' be heard before and decided by the Court or persons who bv law
election. _ ^ l %,
issue the certificates of election. For each day an officer pre-
Compensa- sidcs in hearing such contest he shall receive two dollars, to be
siding ?ffi- paid by the losing party, and for which such Justice may issue a
cer. f, y,
fi, fa.
PT. 1. — TIT. 14. — Elections by the General Assembly. 265
Chapter 1. — For United States Senators.
§1362. No election shall be defeated for non-compliance with Election not
■^ void bj' rea-
the requirements of the law, if held at the proper time and place son of form-
bj persons qualified to hold them, if it is not shown that by that
non-compliance the result is different from what it would have been
had there been a proper compliance.
TITLE XIV.
ELECTIONS BY THE GENERAL ASSEMBLY.
CHAPTER I.
FOR UNITED STATES SENATORS.
Section 1363. Election of Senators to Congress.
§1363. The elections for Senators in the United States Con- senatorsin
gress from this State, shall be held by the General Assembly when eiect-
during the sitting or session which immediately precedes the be-
ginning of the term which they are to fill.
CHAPTER II.
FOR OTHER OFFICERS.
Section. I Section.
1364. Judges of the Supreme Court, etc. ' 1365. All elections by Legislature — when.
§1364. The Judges of the Supreme Court, the Secretary of Time of ei-
State, the Comptroller General, the State Treasurer, Printer, and es supreme
Bank Directors, are elected by the same rule as to time.
§ 1365. All ofiicers created for the service of the State, the Legislature
election of which is not given to the people, or some other tribunal, officers, etc.
are elected by the General Assembly, in the same manner and
time as the officers elected by them.
266 PT. 1.— TIT. 15.— CHAP. 1.— Police Regulations, etc.
Article 1. — The Trustees.
TITLE XV.
POLICE AND SANITARY REGULATIONS
CHAPTER I.
LUNATIC ASYLUM.
Article 1. — The Trustees.
Article 2. — The Superintendent.
Article 3. — Admission and Disposition of Patients.
ARTICLE I.
the trustees.
Section.
1366. Management of Asylum.
13o7. Trustees— how appointed.
. 1368. Authority of Trustees.
Section.
1369. Officers— how appointed.
1370. Bond of Treasurer.
1371. Annual Report of Trustees.
m e
Trustees
§ 1366. The State Lunatic Asylum at Midway, near Milledge-
Lunatic yille, is solely the property of the State, and is under the man-
agement of three Trustees.
§ 1367. Said Trustees are biennially appointed by the Gover-
Appoiflt- nor, on the first Monday in December, and in such manner that
) n t of ' "^ \
one of the Trustees shall be continued in office for a second term,
that there may be always one member of the Board who has ex-
perience in the affairs of the Asylum.
§ 1368. They have authority —
1. To prescribe all the rules and regulations for the manage-
Authority mcut of the institution, not conflicting: with the law.
of Trustees. ^ ^n i i •
2. To appoint all the officers, point out their duties, and fix their
salaries.
3. To create such other offices, and select the incumbents, if in
their judgment such is necessary to an efficient administration.
PT. 1.— TIT. 15.— CHAP. 1.— Police Regulations, etc. 26T
Article 1. — The Trustees.
4. To remove from office, when the incumbents fail to discharge
well their duties, or are guilty of any immoral or unfaithful eon-
duct, and cause to be prosecuted any officer, or other person, who
shall assault any inmate of said institution, or use toward such
any other or greater violence than the occasion may require.
5. To hold in trust for said Asylum any grant or devise of land,
or bequest or donation of money, or other property for the gen-
eral use of the institution, or the particular use defined.
6. To visit the institution monthly by at least one of the Board,
semi-annually by a majority, and annually by all of them, at such
time as they may agree upon.
7. To bring suit in their names for any claim the institution
might have, whether arising upon contract or tort.
§ 1369. The officers of the Asylum, appointed by the Trustees, other om-
. '^ . . '^ cers appoin-
are a Superintendent, an Assistant Physician, a Treasurer, a Stew- •ed by the
f ' . . Trustees. .
ard. Assistant Steward, and Matron, whose salaries are paid quar-
terly out of the annual appropriations.
§ 1370. The Treasurer must give bond and security in the sum Bond of
*^ Treasurer.
of five thousand dollars.
§1371. At the close of each fiscal year, which terminates on Annual re-
the first day of October, the Trustees shall make to the Gover- tees.
nor, to be by him laid before the General Assembly, in connec-
tion with his annual message, a full report of the condition of the
Asylum, in all its departments, [embracing the amount of each
kind of provisions, drugs, clothing, and bedding purchased ; of
whom purchased, price paid, and aggregate cost ; number of per-
sons received, died, and discharged ; dates of reception, discharge,
and death ; male and female, pauper and pay patients, and par-
tial pay, if any ; and also whether payment was made in cloth-
ing, provisions, or currency.] (a)
ARTICLE II.
THE SUPERINTENDENT.
Section. | Section.
1372. Must be a physician. 1 1373. Duty of Superintendent.
§1372. The principal officer of said Asylum is the Superin- superinten-
tendent, who shall be a skillful physician. ^'^"^^
(a) Acts of 1865-6, p. 24
268 PT. 1.— TIT. 15.— CHAP. 1.— Police Regulations, etc.
Article 2. — Tlie Superintendent.
§1373. It is his duty—
1. To reside constantly on the premises, and devote his profes-
dS^dJSes sional services exclusively to the use of the Asylum, for which
purpose he must be furnished with a suitable residence.
2. To take charge of and exercise control, subject to the Trus-
tees, over every department of the institution, and have control
over all resident officers, attendants, and servants employed therein.
3. To discharge all duties any way connected with the restora-
tion to health or sanity of the inmates.
4. To make an annual report to the Trustees, on the first day
of October, of all the affairs of the institution under his super-
vision, [and shall account for all liis expenditures on vouchers, in
the same form as those which are made in accounting for disburse-
ments in the Commissary Department of the United States.] (a)
ARTICLE III.
THE ADMISSION, MANAGEMENT, AND DISCHARGE OF PATIENTS.
Sectiox.
1374. "Who may be inmates.
1375. Inmates — how classified.
1376. Apartments of Asylum.
1377. Georgians preferred.
1378. Georgia pay patients.
1379. Non-resident pay patients.
1380. Pay patients classified.
1381. Certification of pauper patients.
1382. Support of pauper patients.
1383. Paupers to pay — when.
1384. Clothing, etc., of discharged paupers
Section.
1385. Inmates may be tried.
1386. Trial — how demanded.
1387. Admission of inebriates.
1388. Inebriates — how kept.
1389. Insane negroes, etc.
1390. Insane convicts.
1391. Convicts — how supported.
1392. Cured convicts — how disposed of,
1393. Uncertified patients.
1394. Re-commitment of inmates.
1395. Insane criminals.
Who maybe §1374. Porsous who may bccomc inmates of said Asylum are
Asylum. either lunatics, idiots, epileptics, or demented inebriates.
Classifica-
tion of in-
mates.
1375. The inmates are divided into the following classes:
1. Pay or pauper patients residents of this State.
2. Pay patients being non-residents.
3. Insane Penitentiary <;onvicts,
4. Insane negroes, in certain cases.
§ 1376. The Trustees of the Asylum shall see that proper and
Asylum to distinct apartments are arranged for said patients, so that in no
be divided i . ^ i
into apart- casc shall the negro and the white person be together, nor the
Penitentiary convicts with either, and males and females shall be
kept separately.
(a) Acts of 1865^6, p. 34.
PT. 1.— TIT. 15.— CHAP. 1.— Po-LiCE Regulations, etc. 269
Article S.^The Admission, Management, and Discharge of Patients.
§ 1877. Citizens of our own State shall have preference to non- Georgia in-
•*• n>ates pie-
residents when, at the time of the application, all can not be ac- ^^rred.
commoclated, and if such a contingency should happen, it must be
reported to the Governor without delay, who shall communicate
the fact to the General Assembly.
§ 1378. A pay patient resident of this State shall not be ad- Eesident
mitted unless accompanied by authentic evidence of lunacy, ac — how ad-
cording to law, or there is produced the certificate of three rC'-
speetable practicing physicians, well acquainted with the condition
of the patient, or one from such physicians, and two respectable
citizens, stating the cause of the application.
^ 1379. A pay patient, not a resident of this State, shall not be ^ ^"on-resi-
^ r ,/ r 7 :> dent pay pa-
admitted unless accompanied by an authentic record of a convic- ^'^iJJj^^t^^J^^^
tion of a malady, which by the law of this State, is a ground of
admission, from a Court having jurisdiction, or shall produce a
certificate like that required in this State, together with the cer-
tificate of the Judge having jurisdiction, who shall state ofiicially,
that the certificate of said physicians and other persons, are genu-
ine and entitled to full credit. And shall then not be received
until the payment of expenses is secured.
S 1380. Pay patients may be divided into different classes, ac- Pay patients
-,.,.,, . ni'iy be clas-
cording to the accommodation desired and their means of paying, sifieci.
§ 1381. When a person has been convicted of a malady requir- ranperpa-
^ -f^ ./I tients, and
ins him to be committed to said Asylum, it is the duty of the hovrthejarQ
o J ' J cei tinea.
Court presiding at the trial to certify if said person be a pauper.
He shall not be certified a pauper unless in whole or in part sup-
ported by the County, or the County is bound for his support un-
der the law. If there are persons who by law are bound and
able to support him, the names of such persons must be given. If
the person has means enough to support himself in part, the
amount of such means must be stated and must be paid toward his
support.
§1382. A certificate of pauperism entitles the person to be Pauper pa-
supported at the expense of the State. Those for whose support ported by
others are bound must be furnished with suitable support by the
State, and the expense collected out of such other persons by the
Trustees.
§ 1383. If a patient committed as a pauper, or as of limited Pauperism
•11 -I'l T f 1 ceasing, pa-
means, becomes entitled to an estate, said estate is bound for his tient must
defray ex-
support according to its value, and whoever holds it may be com- penses.
PT. 1.— TIT. 15.— CHAP. 1.— Police Regulatiox^s, etc.
Article 3. — The Admission, Management, and Discharge of Patients.
pelled to secure to the Asylum its proper charges, or to turn over
to the Trustees the property to be held for such purpose.
§ 1384. A pauper patient shall not be discharged from the Asy-
Discharged lum without proDcr clothlnff and a sum of money necessary to
pauper pa- ...
ftient must carry him to his residence or the County from whence he was sent.
be clad, etc. -^ 'J
§ 1385. If, before or after admission of a pay patient, resident
Trial of lu- or nou-rcsident, by certificate, the person alleged to be a lunatic,
nacy may be , , "^ , ^ ^ ^ '
demanded, or his friend or relative, may make a demand of the Superin-
tendent for a trial of the question of lunacy by jury, which shall
be had without delay, according to law, in the County of Baldwin.
§ 1386. The like demand and trial may be had by all patients
iTow trial who havo bccn convicted of lunacy, if the person demandinsj it,
of 1 n n a c y . . . . •^ ' ^ , .
maj be de- being relative or friend, will make an affidavit that he believes
manded. ^
the alleged cause of commitment did not and does not exist, and
that the conviction was obtained by fraud, collusion, or mistake.
The same right exists when there is an affidavit that the cause of
commitment has ceased to exist, and there is a refusal by the Su-
perintendent to discharge after demand made.
§ 1387. When, by a provision of this Code, elsewhere made, a
Inebriates person is declared to be an inebriate and incapable of manao-ing
may be ad- ^ . .
mitted. j^ig property, such person, by his own consent, if capable, and if
incapable, by the consent of his nearest relative, or when a per-
son is not so declared, but has the certificate of three physicians,
and is himself willing, such person may be received into said
Asylum, allowed the use of apartments devoted to him, or such
as are suitable, and be treated as a patient thereof.
§ 1388. Such patients shall never be placed in company with
Inebriates any othor class of patients without their consent, nor placed in
—hew kept. J i- 7 r
confinement unless they are dangerous to themselves or others.
[They must pay for their support as pay patients, and be subject
to the control of the Superintendent as other pay patients until
discharged.] (a)
§ 1389. Apartments must be provided for insane negroes, resi-
insane ne- dents of this State, who are able or unable to support and take
groes, etc. ^ ^ ■••
care of themselves. Those negroes who are able must pay for
their support ; those unable must be supported as other pauper
patients. The certificate of the Justices of the Inferior Court
(a) Acts of 1865-6, pp. 24-5.
con-
liow
PT. 1.— TIT. 15.-^CHAP. 1.— Police Regulations, etc. 271
Article 3. — The Admissiou, Management, and Discharge of Patients.
of the County where the negro resides of his condition, mentally
and pecuniarily, shall be sufficient to grant him admittance.
§ 1390. If a Penitentiary convict becomes afflicted so as the insane
" ^ '' victs —
affliction would entitle another person to a place in said Asylum, admitted
he shall be received therein if accompanied by the certificate of
the Physician to the Penitentiary and the Principal Keeper thereof
of said fact. The certificate shall also show the name of the con-
vict, the offense for which sentenced, the County from whence
sentenced, and his term of service, which shall be filed away.
§ 1391. If said convict has the necessary means, he shall pay h^^^ s"P'
for his support as long as he remains at the Asylurd.
§ 1392. If such convict shall recover before his term of service cured con-
victs — how
has expired, the fact shall at once be certified by the Superin- disposed of.
tendent to the Principal Keeper of the Penitentiary, who shall
forthwith have said convict taken back into the Penitentiary.
§ 1393. Whenever there shall be an application for admission Temporary
'■ ■*■ disposition
unattended by the requisite evidences, the Superintendent has S^^^"^'^^'^'*'
authority to receive and provide for the person for a reasonable *^^^^^-
time, provided a sufficient sum shall be advanced for his mainten-
ance in the meantime.
§ 1391. When a person has been properly received as a patient, inmate ab-
but is absent for as lonff as three months, either from discharge, montiis
° . ' ^ ' must be re-
elopement, or removal by friends, he can not be received at the committed
, . . . in form.
Asylum without going through the process required in this Chap-
ter, according to the class of patients of which he may be.
§ 1395. When a person has been acquitted of a capital crime criminals
*■ ^ ■*• ^ ^^ acquitted on
on the ground of insanity, and such person is committed to the p'^a of in-
° •^ -^ ■■• sanity, or
Asylum, he shall not be discharged thence except by special act J^^^fjg JJgl
of the Legislature. If the crime is not capital, he shall be dis- £!;JoAv^'deii't
charged by warrant or order from the Governor. If sentence is ^^*'^^'
suspended on the ground of insanity, upon restoration to sanity
the Superintendent shall certify the fact to the presiding Judge
of the Court where he was convicted.
272
PT. 1. — TIT. 15. — Police Regulatioxs, etc.
Chapter 2. — Health, Hospitals, Infection, and Quarantine.
CHAPTER II.
HEALTH, HOSPITALS, INFECTION, AND QUARANTINE.
5ECTI0X.
1396. Who may establish hospitals.
1397. Regulation of quarantine.
1398. Quarantine grounds.
1399. Removal of vessels thither.
1400. Escaping quarantine.
1401. Bills of health, etc.
1402. Inland travelers.
1403. Duty of pilots.
1404. Persons on board of vessels.
1405. Proclamation as to contagions.
Section'.
1406. Violation of quarantine.
1407. Concealment of small-pox, etc.
1408. Fines, etc. — how disposed of.
1409. Quarantine — how certified.
1410. Fees of health officers-how paid.
1411. Small-pox hospitals— how provided
1412. Quarantine regulations.
1413. Expenses — account of.
1414. Expenses — how paid.
1415. Vaccine— how distributed.
§ 1396. The corporate authorities of any city or toTvn may estab-
City corpo- lish in them, respectively, or in the vicinity thereof, hospitals or
ration, etc., i i i • i i • i
may estab- pest liouses, to DC suDiect to sucli reoi;ulations, not contrary to law,
lish hospi- ^ ' J o 5 J ?
tais. as such corporate authorities may make to prevent the spread of
infectious or contagious diseases, but in all cases where such
authorities of a town may establish hospitals or pest houses out
of their own jurisdictional limits such establishments shall be
only on land acquired by such corporation for protection against
the spread of disease within its own limits ; in all other cases the
Justices of the Inferior Court of each County, respectively, are
vested with the power to establish such hospitals and make such
regulations.
§ 1397. The corporate authorities of such town may, from time
Quarantine to time, prcscribo the quarantine to be observed by all vessels
scribed and arrivincr withiu the harbor or vicinity of such town, and resrula-
tions therefor, not contrary to law; and such regulations may
extend to all persons, goods, and effects, arriving in such vessels,
and to all persons going on board of the same. Any person
violating such regulations, or any of them, after personal notice,
or after other notice thereof, given for five days, in such manner
as may be prescribed by such corporate authorities, or in the
absence of any mode so prescribed, by notice of such regulation
for five days in some newspaper in such town, or where there is
no newspaper by notice posted up at some public place in such
town for the same length of time, shall be guilty of a misde-
meanor, and on conviction thereof shall be liable to fine of not
more than five hundred dollars; provided, nothing herein con-
tained shall prevent the infliction by the corporate authorities
reculated.
PT. 1.— TIT. 15.— Police Regulations, etc. 273
Chapter 2. — Health, Hospitals, Infection, and Quarantine.
having power to pass ordinances or by-laws of such other penalty
not exceeding one hundred dollars fine, in lieu of the penalty first
above named, as may be prescribed in any such ordinance or
by-law.
§ 1398. Any town may establish a quarantine ground therefor Quarantine
• 1 • 1 1 1 • r» 1 • 1 ground —
at any place withm the harbor, it a seaport town, but m such how estab-
. o • 1 1 • 1 n ' lished.
manner as not to mteriere with the rights ot private property;
and the jurisdiction of the corporation of Savannah shall, in cases
of quarantine, extend to all ships and vessels which shall enter at
any port or inlet from Ossabaw^ sound to Tybee, including all
inlets, rivers, and creeks within those limits.
^ 1399. The health officer or visitina; physician of such town Vessels may
*-> ^ '^ be removed
may, under the direction of the corporate authorities, cause any ^? quaran-
•^ ' *• / t/ tme ground.
vessel arriving therein, or in the vicinity, if the vessel or cargo is
in his opinion so foul or infected as to endanger the public health,
to be removed to the quarantine ground or other proper place to be
inspected, and any master, seaman, or passenger belonging to any
vessel supposed to have any infection on board, or from a port
where any dangerous infectious disease prevails, refusing to answer
on oath such inquiries as may be made by any health officer,
relating to any infection or disease, shall be guilty of a misde-
meanor, and, on conviction, shall be liable to pay a fine of one
hundred dollars.
§ 1400. If any person ordered to perform quarantine shall Persons es-
^ . . capin? or at-
escape, any Justice, on complaint thereof on oath, may issue his tempting to
•*■ *^ ' '■ T */ escape quar-
warrant to the Sheriff, Constable, or Town Marshal, to arrest and ^f '^',^^~:]i^^^
' ' ' dealt with.
deliver such person to the custody of the officers of the quaran-
tine, and any person attempting to escape may be forcibly detained
at the place of quarantine by such officers.
§ 1401. The master of any vessel ordered to perform quarantine Master of
shall deliver to the officer appointed to see it performed his bill of deliver bui
health and manifest, log-book and journal; if he fails to do so, etc.
or to repair, in proper time, after notice, to the quarantine ground,
or shall depart thence without authority, he shall be guilty of a
misdemeanor, and, on conviction, shall be fined in a sum not less default."^
than tw^o hundred dollars.
§ 1402. Any person coming into town by land from a place imand trar-
infected with a contagious disease maybe compelled to perform peiied to.
° ./ i i perform qua-
quarantine by the health officer, under the direction of the corpo- ra^tine.
rate authorities, and restrained from traveling until discharged ;
18
274 PT. 1.— TIT. 15.— Police Regulations, etc.
Chapter 2. — Health, Hospitals, Infection, and Quarantine.
and any person thus restrained, traveling before he is discharged,
Penalty for shall be guiltj of a misdemeanor, and, on conviction, may be fined
violation of . , ,. i i i i tt
quarantine, in a sum not exceeding one hundred dollars.
§ 1403. It shall be the duty of any pilot before entering on
Duty of board of any vessel, to make strict inquiry of every master or
pilots before ^ ^ i. j j
entering on commaiider of the same as to the state of health in such vessel,
board of ves- '
^®^3- and in case it be found that any malignant, contagious, or in-
fec ious disease is on board such vessel, such pilot shall not enter
therein, under the penalty of one hundred dollars and removal
from office; and any such master or commander refusing to answer
any such reason^able inquiry, or giving false information in answer,
may be fined in a sum not exceeding five hundred dollars.
§ 1404. No person on board such ship or vessel in which such
Persons on disease shall exist, or whilst such ship or vessel is performino;
board of ves- ^ ^ a o
seis shall ob- quarantine, shall come, or be permitted to come on shore or land
serve quar- ■•■ ...
antine. from sucli vcsscl, witliout permission from the proper authority,
under the penalty of fine and imprisonment, at the discretion of
the Court, and any person going on board such vessel (except the
health officer or visiting physician) and returning without such
permission shall be liable to the same penalty.
§ 1405. The Governor of this State may, by proclamation, when-
Prodama- evcr he shall deem it necessary, p'ive such orders to prevent the
tion of Gov- . . J?to^ .,.ici
ernor as to spread of coutao-ious or infectious diseases within the State, and
contagious ^ ^
diseases. make such appointments and regulations concerning the same as
shall by him be deemed proper, and be stated in such proclamation,
and any person violating such orders or regulations may be fined
or imprisoned at the discretion of any Court having jurisdiction.
§ 1406. Any person coming into this State by land or water
Yioiator-B from any place infected with contagious disease, and in violation
of quaran- '' ^ o ^
indttey^^^^ quarantine regulations, may be indicted in any County in
which he may be found, and, on conviction, be fined in a sum not
exceeding five hundred dollars, and be imprisoned in the common
jail at the discretion of the Court.
§ 1407. Any physician or other person who shall conceal a case
co^ceau?^ of small-pox, or varioloid, or any modification of the same, within
Sctabi? ^^y incorporated city, town, or in any County in this State, by
not giving immediate notice thereof to the Mayor, Intendant, or
health officer, or Justices of the Inferior Court, may be indicted
and fined in a sum not exceeding five hundred dollars, or imprisoned
at the discretion of the Court.
ft
PT. L— TIT. 15.— Police Regulations, etc. 275
Chapter 2. — Health, Hospitals, Infection, and Quarantine.
§ 1408. All fines and forfeitures arising out of tlie violation of Fines for
. violating
any quarantine or other sanitary regulation shall be paid, after quarantine-
'' *■ . . ^^^ dispos-
deducting the proper expense of collection, into the treasury of ^dof.
the city or County, and may be expended in aid of the quaran-
tine and other sanitary laws, and toward the support of the poor
thereof.
§ 1409. It shall be the duty of the health officer of any port, Perform-
or the authorized visiting physician thereof, after a vessel shall rantine—
b.ow ccrti"
have duly performed quarantine, to give a certificate thereof to the fled.
master or commander, under a penalty, for every refusal, of one
hundred dollars ; and in case of such refusal, or of there being no
3uch health officer or attending physician of the port or place,
such certificate shall be granted by constituted authorities of such
port or place : the fee for such certificate shall be two dollars for
every vessel of more than two hundred tons, and one dollar for certificate.
every vessel of not more than two hundred tons.
§ 1410. For visiting any vessel when required, and granting a Fees of
certificate of the health of the crew and passengers on board, the cer — by
\ , , whom paid.
fee of the health officer or visiting physician, to be paid by the
master of such vessel before she shall be permitted to enter, shall
be two dollars — coasting vessels coming from one inlet in the State
to another inlet in the same, excepted.
§ 1411. [The Justices of the Inferior Court of each County, or smaii-pox
•. . hospitals.
the corporate authorities of any town or city in this State,
within the limits of which the small-pox has appeared, or may
appear, are authorized and empowered to provide a suitable hos-
pital for those so afflicted, and to furnish them with medical or any
other attention that in their judgment those so afflicted may
require.] (a)
§1412. [Such Justices or corporate authorities may also pro- Quarantine
vide proper quarantine regulations to prevent the spread of said ^^^" ^<^io"s.
disease; provided, that no person shall be forced to leave his or
her home to go to the hospital aforesaid, when they are properly
provided for and guarded at their own expense; said Court shall
not pay any expense of any case so situated.] (a)
§ 1413. [Said Court or corporate authorities shall make, or cause Expenses-
to be made, a proper and just account of all expenses accruing ''''^''''''* "^'
from such quarantine and other attention, either medical or
(a) Acts of 18G5-6, page 88.
276 PT. 1.— TIT. 15.— Police Kegulatioxs, etc.
Chapter 3. — Physicians and Druggists.
nursing, of all thej may have under control and who submit to
the regulations of said Court or corporate authorities.] (a)
§1414. [Said Courts or corporate authorities shall have all
How paid, accounts properly audited, and forward them to his Excellency
the Governor, who shall draw his warrant on the Treasury for the
amount set forth in said account or accounts.] (a)
§ 1415. [The Governor is authorized and required to procure
"Vaccine— the nccessary quantity of genuine vaccine matter, either by pur-
chase or manufacture, at such reasonable compensation as he may
contract for, and have the same transmitted to the Justices of the
Inferior Courts of each County in this State for immediate
use.] (a)
uted.
CHAPTER III.
PHYSICIANS AND DPvUGGISTS.
Section.
1416. Wlio may practice medicine.
1417. Allopathic Medical Board.
1418. Duty of the Board.
1419. Temporary license.
1420. Kecord of Board evidence.
1421. Quorum of the Board.
1422. Boformed Medical Board.
1423. Present Boards continued.
Section*.
1424. Penalty for illegal practice.
1425. Defendant must show authority.
1426. Board confined to its school.
1427. License fee.
1428. What physicians exempt.
1429. Druggist must obtain license.
1430. Must show his authority.
1431. Who are exempt.
§ 1416. Any white person who has received a diploma from any
Who may ]\Xedical College of the State of Geororia, without regard to the
practice ° o^ o
medicine, school, is authorized to practice to the extent of the powers
given in said diploma, subject to the provisions hereinafter set
. forth. ,
."^v A §1417. There is established in this State a Board of JPhvsi-
Authority ciaus of the Allopathic School, who have the authority —
of Board of ^ ' -^
Physicians. \^ To meet annually, or oftener, at the call of any three of
their number, at [the seat of Government.] (b) Thirty days'
notice must be given of annual meetings.
2. To elect all officers and to fill all vacancies.
3. To be a body corporate, with the right to exercise all the
powers usual in such associations that are necessary to their
organization, if in conformity to the Constitution and laws.
4. To grant licenses to all applicants who under the law are
(a) Acts of 1865-6, p. 88. (b) Acts of 1865-6, p. 25.
PT. 1. — TIT. 15. — Police Regulations, etc. 277
Chapter 3. — Physicians and Druggists.
entitled thereto, and to fix the fee therefor when not fixed by
law.
5. To prescribe a course of reading to those who study medi-
cine under private instruction which shall be obligatory upon all
who may apply to the Board for examination.
§ 1418. It is their duty—
1. To o;rant licenses to practice to all physicians fof their Duty of
^ . . ^ . the Eoard
school who present their diplomas from incorporated Medical Col- »? Piiysi-
^ ^ ^ ^ ^ cians.
leges of Georgia without examination.] (a)
2. To grant such licenses to all other persons who undergo a
satisfactory examination.
3. To grant license to practice in any particular branch of med-
icine, or to treat any particular form of disease, if satisfied upon
the examination that the applicant is thus competent.
4. To grant licenses to apothecaries upon their standing a sat-
isfactory examination as to their knowledge of drugs and phar-
macy.
5. To keep a book in which shall be entered the names of every Vend drugs.
person licensed to practice or vend drugs, and the extent of the
license.
§ 1419. One member of said Board may grant a license to an Temporary
applicant to practice until the next regular meeting of the Board, be granted
when he shall report the fact, at which time the temporary license
is at an end ; but such a license shall not be granted by a mem-
ber after the Board has refused one.
" § 1420. The book so ordered to be kept is a book of record. Transcript
^ ^ _ of record —
and a transcript from it, certified to by the officer who has it in ^^^^ evi-
'■ ' "^ ^ dence.
keeping, under the common seal, shall be evidence in any Court
of this State.
§ 1421. FFourl (a) members of said Board constitute a quorum for Quorum of
. . the Board.
the transaction of business, and should a quorum not be present
on a day appointed for its meeting, those present may adjourn
from day to day until a quorum is present.
§ 1422. There is also established a Board of Physicians of the Authority
•^ and duty of
Reformed Practice of Medicine, who have the same authority ?,J^^^:<^. ^^
/ •/ Physicians,
and must perform the same duties hereinbefore set forth. ^*^'
§ 1423. The persons and number of persons constituting both Present
of said Boards at the adoption of this Code continue, and all the tinned! ^'^^'
(a) Acts of 1865-6, p. 25.
278 PT. 1.— TIT. 15. — Police Regulations, etc.
Chapter 3. — Physicians and Druggists.
provisions of their respective charters are likewise preserved, if
not lawfully altered herein.
§ 1424. Any person who shall practice surgery, or in any man-
Penaity ncr prescribe for the cure of diseases for fee or reward, in viola-
for violating . ^ . .. c t • ny ihtttt -t
the provis- tion 01 the provisions 01 this Chapter, shall be liable to mdict-
ions of this .. iniP-» i r> i
Chapter. mcnt, and, on conviction, shall be fined not exceeding five hun
dred dollars for the first ofiense, and for the second, imprisoned
not more than two months ; one-half of the fine to inure to the
informer, the other to the Educational Fund of , the County.
§1425. On the trial of such indictment, it is incumbent on the
pro"/onVe defendant to show that he has authority under the law to practice
party indict- p^^g.^ and suFgcry, to exempt himself from such penalty.
§ 1426. Neither Board can license persons to practice in a
Power of school of medicinc difi*erent from their own. Physicians belong-
confined to ing to a school of medicinc not represented by a board of physi-
their respec- . . ti-ti i ^ • n a ^
tiTe schools, ciaus may practice under their diplomas alone, and ii they have
none, are liable as though they had no license and were required
to have them.
§ 1427. The fee for licenses obtained on diplomas shall not ex-
License fee. ceed five dollars, and on examination shall not exceed twenty-five
dollars.
§ 1428. Physicians who were in practice prior to the 24th of
e:^S^1^'^°^ December, 1847, [or were in practice under legal diploma or li-
cense on the first day of January, 1863,] (a) are exempt from all
the provisions of this Chapter.
§ 1429. No person in this State [shall open or keep a drug or
Draggists apothecarv store without first obtaininoj a license therefor from
must obtain ■«• »/ ^ o
license. the Mmcdical Board of his own school. Such license shall be re-
corded in the oflSce of the Clerk of the Inferior Court, and the
Clerk is required to keep a list of the names of the persons li-
censed in a conspicuous place in his office, for which he shall re-
ceive one dollar fee for each license so recorded.] (b)
§ 1430. Any person violating the preceding Section is liable to
Druggist indictment, and, on conviction, to be fined not less than one thou-
In dieted ' ' '
must show sand nor more than five thousand dollars, and for a continuation
his authori- ^ ^
tj- after said conviction, to the like fine and imprisonment not ex-
ceeding six months. The onus of proof is upon the defendant to
show his authority.
(a) Acts of 1865-6, p. 26. (b) Acts of 1865-6, p. 25.
PT. 1. — TIT. 15. — Police Regulations, etc.
279
Chapter 4. — Tavern and Retail Licenses.
§ 1431. Druo-orists are exempt from obtaining said license who whatdrug-
o GO r o g^sts are ex-
Tfere engaged in said business prior to 24th of December, 1847, ^'^p*-
and who continue so at the adoption of this Code ; and merchants
or shopkeepers may deal in medicines already prepared, if pa-
tented, or, if not patented, are legally warranted by a licensed
druggist.
GO
CHAPTER IV.
TAVERN AND RETAIL LICENSES.
Section.
1432. Retail license— how obtained.
1433. Oath of other venders.
1434. Retailing— confined to one place.
Section.
1435. License by corporate towns.
1436. Furnishing liquor to one drunk.
1437. "Retailor" defined.
§ 1432. Persons, before obtaining license to retail spirituous License to
-. ^ . ^ , ft ^ T n ' r^ n 1 retail liquors
liquors, must apply to the Justices or the Interior (Jourt ot the —how ob-
County in which they desire to retail, who have power to grant or
refuse such application. When such application is granted and
entered on the minutes the applicant shall execute a bond, with
sufficient security, in the sum of five hundred dollars, payable to
such Justices, conditioned to keep an orderly house, and to abide
faithfully by the oath to be taken by him ; which bond shall bo
taken and approved by the Clerk of the Inferior Court, filed in
his office, and recorded in the book kept for that purpose. Any
person aggrieved may bring suit on such bond. Licenses granted
in any other way are void. They shall also, at the same time, be-
fore said Clerk, take and subscribe the following oath :
[" I swear that I will not, during the next twelve months, sell,
barter, give, or furnish spirituous or intoxicating liquors in any
quantity to any minor, either white or colored, without the con-
sent of his or her parents or guardian, and that I will not allow
others to do so for me with my knowledge or consent. So help
me God."] (a)
§1433. By the first day in June in each year, and annually oathofven-
thereafter, venders of any quantity of spirituous liquors less than quors'' less"
one gallon shall take and subscribe the foregoing oath, and upon ion.
neglecting to do so they are subject to all the penalties of retailers
without license.
(a) Acts 1866, pp. 19, 20.
i
280 PT. 1.— TIT. 15.— Police Regulations, etc.
Chapter 5. — Yendue Masters and Auctioneers.
§ 1434. Such licenses do not authorize the persons to whom is-
Saie of li- sued to retail at more than one place in the County, which place
fined to one must bo Stated in the license. Different licenses are necessary for
place. •'
different places.
§ 1435. Said provisions do not apply to any corporation, town,
Corporate or city which by charter has power to grant licenses ; wovided^
towns may ,/ %/ r o ^ r ^
— ^hen^"^^ the fees for licenses are at least as much in said city as are re-
quired by law in the County.
§ 1436. A retailer of spirituous liquors shall not sell or furnish
-P^e^tai^^i: liquors, in any quantity, to any person who is at the time intoxi-
to one who catcd or drunk ; and for violatino^ this provision he shall not only
\ IS drunk. ' o i j
<^ be liable to all the penalties for retailing without a license, but
Ki. t^ he shall not recover by law for any spirituous liquors furnished to
vi such person during the current year.
1^. § 1437. The sale of such liquors in quantities less than one
retailer. quart make the seller a retailer.
CHAPTER V.
VENDUE MASTERS AXD AUCTIONEERS.
Section-. i Section.
143S. "Who may be vendue master. I 1439. Sale of stolen property.
§ 1438. [Any citizen of Georgia shall have the right to exer-
whomay cise all the privileo;es, powers, and functions of a vendue master,
be vendue . .
master. or auctioneor, in any city or town in this State, by paying such
license and giving such bond as may be demanded or required by
the by-laws, rules, or ordinances of the town or city in which said
person may wish to exercise the calling of a vendue master or
auctioneer.] (a)
§ 1439. [Any vendue master who may sell or dispose of any
Sale of prop- iiQi-se or mulc shall be held responsible to the purchaser for dam-
ages, in the event that it be shown and proven that the horse or
mule so sold by him w^as stolen.] (a)
(a) Acts of 1865-6, p. 260.
PT. 1. — TIT. 15. — Police Regulations, etc.
Chapter 6. — Estra3^s.
CHAPTER VI.
E STK AYS.
Section.
144^0. 'Who may take up estrays.
1441. Estrays — how disposed of.
1442. Advertisement of estrays.
1443. Sale of estrays.
1444. May be sold on freehold — when.
1445. Proceeds of sale — how disposed of.
Section.
1446. Estrays — how reclaimed.
1447. Trial of conflicting claims.
1448. Expense of estrays.
1449. Default of ta^er-up— how punished.
1450. Stone horses may be gelded.
§ 1440. Any person may, upon his own freehold, or the highway who mny
thereto, or being in charge of one, and not elsewhere, take up all ^^^s^-
estrays of animals of a domestic or useful nature, either for their
labor or flesh.
§ 1441. The taker-up shall, within five days, exhibit said ani- Estrays—
,. how dispos-
mal to two freeholders of the militia district where taken up, who edof.
shall take down in writing a particular description of its marks,
natural and artificial, brands, stature, age, and color, and annex
thereto their appraisement of its value, which description and ap-
praisement shall be, by the taker-up, within five days more, handed
to the Clerk of the Inferior Court of the County. He shall, at
the time of handing the same to said Clerk, make an affidavit be-
fore him that the marks and brands of said estray are correct, and
have not been altered or disfigured, to his knowledge, since he
took it up.
§ 1442. Such Clerk shall then copy said appraisement, descrip- cierk shaii
•■• "^ ^ ^ ^ , copy and ad-
tion, and affidavit in the estray book, and advertise substantial vertise ap-
^ '^ ' praisenients
copies of the two first named at the door of the Court House for "^ estrays.
sixty days, at the place of holding Justice's Court of the district
where taken up, and in the public gazette where the Sheriff of the
County advertises his sales.
§ 1443. If by the end of that time property is not proven and Estrays—
•^ ^ ± 1 ./ 1 when to be
taken away, the Sheriff of the County shall advertise and sell said ^ow.
estray as he does property under execution, stating it to be an
estray and its appraised value.
§ 1444. If the property is not of sufficient value to p;w the ex- when an
T • 1 ^\^ ^ A •/ estray may
penses of said proceedings, said Clerk may order it sold by the be soM on
Sheriff, after ten days' notice, on the freehold where taken up ;
but he shall make the advertisement in writing, and have one in-
sertion made in such public gazette.
§ 1445. The purchase money, after deducting all lawful ex-
the freehold.
282 PT. 1.— TIT. 15.— Police Regulations, etc.
Chapter C. — Estrays.
Proceeds of pensGS, shall be paid to the Treasurer of the Educational Fund of
sale — how i • i t
disposed of. the Countj, to be paid to the owner of the estraj, if property is
proven therein within twelve months.
§ 1446. Property may be proven by an affidavit of ownership
Howanes- beforo the Clerk of said Court, and the filing with him bond and
tray may be _ _ ^ *-*
reckimedby securitv in doublo the appraised value, payable to the Justices of
the owner. •' ^ ^ ^ i t/
the Inferior Court, conditioned to answer any demand thereon
♦ that may be proven against the obligor within two years.
§ 1447. If more than one person claims said estray before de-
conflicting liver v is made, or a counter affidavit to a claim is filed by any
claims — how j 7 ,/ j
tried. persou, an issue shall be made thereon and tried by a jury in the
Inferior Court, with privilege of appeal.
§ 1448. [The taker-up of any estray shall be entitled to and
Expenses rcccive such Compensation as shall be awarded and determined by
—how deter- *■ ^ _ *'
mined. the freeholders before whom said estray may be exhibited as pro-
vided in Section 1441 of this Code, and said freeholders are em-
powered and required to award and determine such compensation
as to them may seem reasonable and just from all the circum-
stances in each case.] (a)
§ 1449. The taker-up is liable to the County or the owner, as
Penalty the casc maybe, in five times the value of the estray; if after
against tak- ./ •' »/ 7
fluu'S^a^'- ^^^i^g it up ^6 f^ils to have it appraised and returned, or forth-
praising,etc. coming, according to law, providential causes only excepted, and
if he appropriates it to his own use, and fails to pay said forfei-
ture after demand in writing by the Clerk of the Inferior Court,
he is guilty of a misdemeanor. Suit may also be brought cither
by the owner or County for the same. He is liable, in like man-
ner for any damage caused by w^illful abuse or neglect of the ani-
mal.
§ 1450. If any stone horse above eighteen months old shall be
stone found running at large, it is lawful for any person to take him up
ning at large and takc him before the nearest Justice of the Peace, and by per-
maybegeld- , , , . , . .
ed- mission of said Justice, may geld the same, taking care that it is
done by a person competent to do so, and that the horse is prop-
erly cared for afterwards; the expenses of which shall be paid by
the owner.
(a) Acts 1866, p. 20.
PT. 1. — TIT. 15. — Police Regulations, etc.
28B
Chapter 7. — Marks and Brands.
CHAPTER VII.
MARKS AND BRANDS.
Section.
1451. Record of marks and brands.
1452. Recorded mark preferred.
1453. Oldest record preferred.
Section.
1454. Marking to bo done — by whom.
1455. Change of recorded mark.
§ 1451. All persons having marks and brands on cattle, or other Marksand
property, in this State, shall have them recorded by the Clerk of be recorded.
the Inferior Court of the County where the owner resides, or, if a
non-resident, where the property uses, in a book kept by him for
that purpose.
§ 1452. If property shall be in dispute between one whose |/'ffy[,r"^f
marks and brands are recorded, and one whose are not, both hav- marks^'^^iSI
ing the same mark and brand, and such property is found in the coXd. *^'
possession of him whose marks and brands are recorded, the party
claiming can not get possession of the same, but must sue, and
prove property and damage.
§ 1453. When two or more persons have the same marks and oi'^cst re-
, , , . cord has pre-
brands,and both are recorded, the prima facie right is with the ^ereace.
older record.
§ 1454. Marking and branding shall not take place, except by ^b''^'"5;Jm
or under the supervision of some competent person, on pain ^^°®-
of forfeiting fifty dollars for each violation, to be recovered at the
suit of the informer, who shall have one-half the recovery; the violation,
other half goes to the Educational Fund.
§ 1455. Marks and brands once recorded shall not be changed, Marks, etc.,
. '^^ ^ not to be
SO as to be of any avail to the owner, without leave is first granted changed
•^ ' ° without
by the Justices of the Inferior Court, and a minute made thereof, ^^ave.
CHAPTER VIII.
ENGLOSUliES AND FENCES.
Section.
1456. Requisites of a fence.
1457. Of other enclosures.
1458. Owners of stock — when liable.
Section.
1459. Stock may be killed — when.
1460. Poisoning crops.
1461. Water courses deemed fences.
X
8 1456. All fences or enclosures, commonly called worm fences, what is a
'\ n ^ ■ ^ ■ ^ lawful fence.
shall be five feet high, with or without being staked and ridered,
284
PT. 1. — TIT. 15. — Police Regulations, etc.
Chapter 8. — Enclosures and Fences.
and from the ground to the height of three feet, the rails shall
not be. more than four inches apart. Ail paling fences shall be
^ five feet from the ground and the pales not more than two inches
apart.
§ 1457. Any enclosure, made bv means of a ditch or trench.
Enclosures shall be three feet wide and two feet deep, and if made of both
etc. ^' fence and ditch, the latter shall be four feet wide, and the fence
five feet high from the bottom of the ditch.
§ 1458. If any trespass or damage shall be committed in any
whenowner enclosurc, not beins protected as aforesaid bv the breakino^ in of
is liable for ' ^ ^ _ " .
trespass, etc. any animal, the owner of such animal shall not be liable to an-
swer for the trespass, and if the owner of the enclosure shall kill
or injure such, in any manner, he is liable ia three times the dam-
age.
§ 1459. When fences are made pursuant to law and any animal
"^H^^'V^- breaks in, the owner of the enclosure shall not kill or injure him
ers of eiielo- ' ^
sures may f^^ ^\^q £j,g^ breakiuor and not until after notice is given to the
kill stock o^ o
for breaking Q-^j^cr or agent, if possiblc, but said last mentioned owner shall
be liable for double the damage done by his stock.
§ 1460. If stock is killed or injured from poisoning crops, or
Poisoning other poisouing upon the premise, the presumption is, that it was
done by the person in possession and charge of the same.
§ 1461. All water courses that are or have been navigable, as
crops.
When Tva- far as navio^ation has ever extended up said streams,
ter courses °
shall be
are deemed deemed and considered fences, whenever, by reason of freshets or
fences. ^ .
otherwise, fences can not be kept on said streams, and shall be sub-
ject to the rules applicable to other fences.
CHAPTER IX.
FIRIXG THE WOODS.
Sectiox.
1462. Woods may be fired — when, etc.
1463. Xotice must be given.
Section.
1464. Penalty for firing •withoat notice.
1465. Woods catching fire by negligence.
§ 1462. Iso person but a resident of the County where the firing
WTien and is douc. Owning lands therein, or domiciled thereon, outside of any
by whom . • i i t i i
woods may towu incorporation, shall set on fire any woods, lands, or marshes ;
nor shall such persons, except between the twentieth of February
and the first of April, annually.
PT. 1. — TIT. 15. — Police Regulations, etc.
285
Chapter 10.— Mills and Millers.
§ 1463. When sacli person shall desire to set fire Avithin said one firing
^ ^ .... woods must
i time, he shall notify all persons who occupy lands adjoining him give notice.
by residence thereon, or cultivation, or enclosure of any portion
of the tract or settlement, of the day and hour of the firing, at
least one day prior thereto. Such notice need not be given if, on
a sudden emergency, due caution should require firing to render
one's premises safe.
§ 146-1. Any person setting fire in violation of the two prece- Penalty for
T. o(. nr-r'tiTiti i • n Setting fire
ding bections lorieits nve hundred dollars, upon the suit or any \yitbout no-
informer — the one-half to him, the other to the Educational Fund
of the County — and is also liable for the actual damages any per-
son may have sustained.
§ 1465. Persons, either by themselves or agents, who permit ^ ^^^'^^l
fire to get into the woods, lands, or marshes, through neglect, are woodscatch,
within the meaning of said Sections.
CHAPTER X.
MILLS AND MILLERS
Sectiox.
l-iG6. Grain — in what order ground.
1467. Penalty for failure.
Sectiox.
14G8. "Public mills" defined.
§1466. All owners or occupants of mills shall well 2:rind all Grain to bo
, 1 1 • 1 . T ground in
clean and dry grain, and m due turn, as far as ten bushels in the turn.
turn, as the same may be brought, and may take for toll one-
eighth part thereof.
§1467. Every such person who shall not so grind, except in Penalty for
_ J not grinding
time 01 drought, or for other sufficient cause, or not in due turn, according to
or take or exact more toll, shall forfeit and pay for each off"ense,
to the party injured, twenty dollars; provided such miller may do
his own grinding first.
§ 1468. All grist mills which grind for toll for any person are what are
public mills within the ii^eaning of this Chapter.
turn.
public mills.
286
PT. 1.— TIT. 15. — Police Regulations, etc.
Chapter 11. — Gunpowder.
CHAPTER XI.
GUNPOWDER.
Section.
1469. Transported gunpowder, etc.
1470. Penalty for not marking.
Section.
1471. Keeping gunpowder, etc.
§ 1469. All owners, agents, or others who have any gunpow-
Gunpow- der, more than five pounds, transported upon water, railroad, or
der must be ' r ? 1 r ? ?
marked.
otherwise, shall have the word gunpowder marked upon each pack-
age so transported, in large letters.
§ 1470. Gunpowder transported in violation of said provision
Penalty shall be liable to seizure and forfeiture by any ofiicer who may
for transpor- . . , , r» i • i
ting gun- execute a crnnmal warrant under warrant for that purpose, issued
powder con- ^^ , .
trarytoiaw. by any officer who may issue such first named warrants — one-half
of the same to go to the informer, the other half to go to the
Military Fund of the State, after public sale, by order of the offi-
cer issuing the warrant, or one of like power.
§ 1471. The several incorporated towns or cities of this State,
Roguia- within their corporate limits, and the Justices of the Inferior
tionsiorkee- ^ ^ ^ ■^
^owler^'^" Court within their respective Counties, out of said corporate lim-
its have authority to make and enforce all needful rules and reg-
ulations touching the keeping of gunpowder so as not to endan-
ger the lives and property of the citizens.
TITLE I VL
REGULATIONS OF AGRICULTUKE, TRADE, AND COMMERCE.
CHAPTER I.
BANKS AND BANKING.
Article 1. — Banh Returns.
Article 2. — Obligations and Penalties.
Article 3. — Forfeiture of Charters and Liability of Stockholders.
PT. 1.-— TIT. 16.— CHAP. 1.— Agriculture, Trade, etc. 28T
Article 1. — Bank Returns.
ARTICLE I.
BANK RETURNS.
Section.
1472. Bank returns — how made.
1473. Contents of returns.
1474. Oath of officers shall be annexed.
Section.
1475. Expense of advertising.
I47C. Bank refusing to make returns.
1477. False affidavit perjury.
Contenta
of the re-
§ 1472. It is the duty of the Governor, twice in each year, to caii for
_. 1 ' ' IT 1 bank returns
advertise lor at least two weeks m a pubnc gazette at the seat of tote adver-
.'"... . tisedby
Government a call upon every banking institution of this State, (Governor,
and branch thereof, to make returns to him, under the oaths of
their several presidents and cashiers, of their respective condi-
tions at a time to be specified in such advertisement, and to trans-
mit the same to him within thirty days from said dates.
§ 1173. Such returns shall embrace —
1. The names of the Presidents and Directors, and a list of the
stockholders on the day of the regular weekly meeting of the Presi- turns'
dent and Directors next preceding the date of his requisition.
The list of stockholders may be given but once a year.
2. The amount of stock owned by each individual or company,
and the amount of money actually paid in on each share.
3. The amount of bills on other banks of this State, of gold,
silver, and bullion in their vaults.
4. The amount of debts due them, within and without the
State, so designating them, which may be denominated specie
funds.
5. The active or running paper, the amounts in suit under pro-
test, and not in suit, clearly stating what amount of all such
debts is good, what doubtful, what bad, and what lost.
6. The amount of bills in circulation, the amount on deposit,
and the highest amount due a.nd owing by each bank.
§1474. The original oaths aforesaid shall be annexed to said oathofof-
returns, stating them to be just and true, and moreover, that fnnexJd to
since the last return, their respective banks, to the best of affiants'
knowledge and belief, have not violated nor evaded any obligation
imposed by law, either by itself, its officer, or agents.
§ 1475. The banks are required to publish their several reports Expense
in some public gazette of this State, at their expense, and on sing-by
failing to do so, within thirty days, it is the duty of the Governor
to make public advertisement of the fact, and to order all collec-
288 PT. 1.— TIT. 16.— CHAP. 1.— Agriculture, Trade, etc.
Article 2. — Oblio-ations and Penalties.
tors of the public money to refuse to receive their bills. The
Governor shall also publish the reports, the cost of which the
defaulting banks shall be bound for, as a tax levied, which shall
be collected by execution issued by the Comptroller General.
§ 1476. Any bank refusing to make out and return said reports,
Penalty for as required by law, forfeits and pays to the State a tax of two per
not making i. ^ > i ./ i
cent, per month upon their capital stock, from the time of such
refusal, to be levied and collected by execution at the end of each
month, by the Comptroller General; the bills of said banks shall
likewise not be received, as prescribed in preceding Section.
§ 1477. Perjury may be assigned on such affidavits, and the
^^- name of a person signed thereto, authorized to administer an oath,
shall be evidence of the swearing.
return.
False
davit pe
ry.
w
ARTICLE II.
OBLIGATIONS AND PENALTIES,
Section.
1478. Prohibitions imposed on banks.
1479. Qualification of Section.
1480. Certain contracts void.
1481. Violation of No. 3 Section 1478.
1482. Violation of Nos. 4 and 5, Sec. 1478.
1483. Proof prescribed.
1484. Violating No. 6, Section 1478.
Section.
1485. Violating No. 7 of Section 1478.
1488. Obligations imposed on banks.
1487. Violating No. 1 of Section 1486.
1488. Proceedings for such violations.
1489. Violating Nos. 2 and 3 of Sec. 1486.
1490. The term Bank — vrhat it includes.
§ 1478. The banks of this State shall not—
1. Loan money, directly nor indirectly, on any note, bill, draft,
Prohibi- 01' contract of any sort, at a greater rate of interest than seven
tions impos- J I o
ed on banks, pej. cent, per annum.
2. Discount or purchase any paper or debt at a greater discount
than said rate.
3. Sell any kind of exchange, except sight checks, or demand
or receive for exchange, in or out of this State, of any citizen
thereof, a greater premium than one per cent, upon the amount of
exchange sold, when the bills of the bank from which the exchange
is sought are presented at its counter in payment thereof.
4. Issue paper or promises to pay, intended to be used as money,
redeemable otherwise than with gold or silver coin, at the standard
value thereof.
5. Issue such paper, or pay, or tender in payment, any paper,
PT. 1.— TIT. 16.— CHAP. 1.— Agriculture, Trade, etc. 289
Article 2. — Obligations and Penalties.
payable at a greater length of time than three days from the date
thereof.
6. Issue, pay away, or circulate any bank bill, note, ticket, or
paper, of the nature or appearance of a bank note meant for
circulation, or of a denomination less than five dollars, with the
exception that all solvent and specie paying banks may issue small
bills of the denominations one, two, three, and four dollars, to an
amount not exceeding twenty per cent, of their capital stock, to
be computed as part of their circulation.
7. Issue bills beyond the amount specified in their charter.
§ 1479. Nothing in the foregoing shall be so construed as to Quaimca-
restrict the bank to said rate, in the sale or purchase of foreioin bills, ceding sec-
... . . tion.
provided that the said foreign bill is a bona fide commercial bill,
and not a loan or accommodation by the bank ; and that the ex-
change is legitimate commercial exchange, and the transaction not
in fact a loan or accommodation in which the law is attempted to
be evaded by resorting to the form of a bill of exchange, foreign
bill, or draft.
§ 1480. Every contract, note, bill, draft, or paper made in vio- certain con-
"; '^ _ ^- ' ' — - ' r__t^- __ ^,..-^ tracts, etc.,
lation_ of the provisions of numbers 1 and 2 of Section 1478, and >'oi<i-
of the next succeeding Section, are declared null and void.
§1481. For a violation of number 3 of the same Section the Penalty for
,1 . .1 ^' 1 , violating the
person paying the premium may recover three times the amount sa item ^of
of the excess by a summary proceeding before any Court having
jurisdiction, on which judgment may be rendered at the first term.
The suit may be either against the bank, its officer, or agent : in
either case the property and effects of the bank are subject to the
judgment.
§ 1482. For a violation of numbers 4 and 5 of Section 1478 Penalty for
. violating the
the bank forfeits one thousand dollars for each bill or paper so is- 4tii and 5th
■*• ■■• items of Sec-
sued, to be recovered by action at the suit of the informer — one- ^^<^^ i*"s.
half to go to him, the other half to the Educational Fund of the
County where the recovery is had.
§ 1483. The officer or agent who received the premium shall ap- Mode of
pear without any process than the service of the writ, and bring Sribed.'^'^^"
his book having the original entry of the transaction, and give
evidence in the case. If he fails to appear, the affidavit or testi-
mony of the plaintiff shall be received.
§ 1484. For the violation of number 6 of Section 1478 the bank
forfeits five hundred dollars for each small bill so issued beyond
19
290 PT. 1.— TIT. 16.— CHAP. 1.— Agriculture, Trade, etc.
Article 2. — Obligations and Penalties.
Penalty for the twentv per cent., or amount allowed by charter, to be recov-
TiolaiingGth - n a a ^
item of Sec- erecl as m cases oi numbers 4 and 5, unless a different penalty is
tion 1478. ^ . . c j
prescribed by charter.
Penalty for § 1485. For the vioktiou of number 7 of Section 1478 the bank
"Violating Ttn
I^.^^S!j^^^' so violatins; forfeits its charter.
tion 1478. o
§ 1486. The banks of this State shall —
1. Pay specie for any of their bills, notes, drafts, or other obli-
obiigations ffations whcu duc and demanded by the holder.
imposed o^^^-rs • i. t ^^^ -n
banks. 2. Reccive their OAvn bills, notes, certificates of deposit, or other
evidence of debt, in payment of debts due them.
3. Receive their own bills at par, whether issued or made pay-
able at the parent bank or any of its branches, in settlement of
debts or balances due either, and when notes or other obligations
are discounted by any bank, and become transferred to another
bank, they continue payable in the bills of the bank where dis-
counted.
§ 1487. For the violation of number 1 of Section 1486 the bank
Penalty for shall pay, bcsidcs the le^al interest, twenty-five per cent, dam-
^iolating 1st i r> i • i i -n ^ • i i -i
item of Sec- ages, cach of which must be specified in the verdict and iudgment,
tion 1486. o ' ^ ^ ^ J b 7
and the execution issued thereon shall be collected in specie.
§ 1488. The Governor shall also cause judicial proceedings to
Proceeding be instituted against such bank for the forfeiture of its charter,
lation. but the defaulting bank may, within five days after such demand
and refusal, produce satisfactory evidence that there was an in-
debtedness then due to said bank by the person demanding specie
equal to the amount demanded, and the Governor may, in his dis-
cretion, forbear or postpone the proceeding.
§ 1489. For the violation of numbers 2 and 3 of Section 1486
Penalty for the bank shall forfeit to the debtor twenty per cent, upon the
and 3d items amount to bc rccovcrcd by special suit in his favor, or in any other
of Section „,..., , mi -ii • f> ^
14S6. form of litigation between them. Ine special deposit oi the proper
amount in another bank, or in the hands of a solvent stakeholder,
with notice to the bank, is a payment.
§ 1490. The term bank includes the parent bank, its branches,
The term if any, and agencies, its oflScers of every description, and agents,
ciudes%Mt' in construing the violation of an obligation or the imposing a pen-
alty for the acts of whom the bank or branches, as the case may
Jbe, is bound.
PT. l.-^TIT. 16.— CHAP. 1.— AaRicuLTURE, Trade, etc. 291
Article 3.— Fcafeiture of Bank Charters and Liability of Stockholders.
ARTICLE IIL
FORFEITURE OP BANK CHARTERS AND LIABILITY OP STOCKHOLDERS^
Section.
1491. Bank eliarter forfeited— for what,
1492. Proceedings — how instituted.
1493. Dut^ of receiver.
1494. Compensation of receiver, etc.
1495. Order of paying debts, etc.
1496. Debts due insolvent banks.
•SeCI'ION.
1497. Stockholders may be sued — when.
1498. Abatement of suit.
1499. Assignment by bank.
1500. How set a^ide.
1501. Want of assignee — how supplied.
1502. Stockholder may transfer stock.
§ 1491. Bank charters are subject to forfeiture for the same For what
general grounds as those of other corporations, and also^ — may be for-
felted
1. For the violation of any of the provisions of their charters.
2. For the violation of any obligation imposed by law, unless
contrary to the contracts of their charters.
3. Whenever it is demanded by special enactment.
§ 1492. When the Governor is informed that a bank incurs the Proceed-
ings — when
penalty of a forfeiture, he shall cause the Attorney General to ^^l^^T ^^'
institute proceedings therefor in the County where the bank or
parent bank is located, and in his discretion may employ assist-
ant counsel to aid therein, and pay him out of any money not
otherwise appropriated. If there is a verdict of forfeiture ren-
dered on the trial, the Judge shall pronounce the judgment for Judgment.
all purposes whatever, saving the use of its corporate name in
collecting and paying its debts, and in conveying its real and
personal estate, which power shall be exercised by a receiver ap-
pointed by the Court for that purpose at that time, or any time,
upon the application of the prosecuting officer showing good
cause.
§ 1493. It is the duty of such receiver—
1. To promptly collect the debts due said bank, and to con- Duty of re
vert the property into cash or available assets as soon as prac
ticable.
2. To pay the creditors pro rata semi-annually, according to
the dignity of their claims, unless there is sufficient to pay all.
3. To pay the holders of the bills before other creditors, if
they give notice of their claims within six months.
4. To give notice to said bill holders and other creditors, by a
three months' publication in some public gazette of the State.
5. To make annual returns of his receipts and disbursements
to the Judge of the Superior Court of the County, at the first
ceiver.
292 PT. 1.— TIT. 16.— CHAP. 1.— Ageiculture, Trade, etc.
Article 3. — Forfeiture of Banli Cliarters and Liability of Stockholders.
term held every year ; to produce vouchers and swear to the re-
turn, which shall be passed upon by said Judge, and entered on
the minutes by the Clerk.
6. To distribute the assets, after paying all the debts of the
corporation, among the stockholders in proportion to their stock.
§ 1494. On failure to comply substantially with any of the
tionofrS- ^hovo requirements, he forfeits his compensation. His compen-
ver, etc. gation shall be the same as that allowed administrators ; but upon
special application, the Court may allow^, for good cause shown,
additional compensation.
§ 1495. If the bank is insolvent, the order of paying off the
Order of (Jebts shall be the same as is prescribed in cases of administra-
paymg debts ■•■
of insolvent tion^ to the cxtcnt applicable, except where special preference or
postponement is given by law.
§ 1496. Debtors are not, in such a case, allowed to pay their
In what debts to the receiver in bills of the bank at their par value, un-
fnnds debts \ ■•• '
d^e^^i'e to be iggg accompanicd by an affidavit that they are the identical bills
received from the bank by which the debt was created.
g 1497. If the assets of the bank are insufficient to pay all its
When stock- liabilities, the receiver shall brinff suit against the stockholders
holders are ' o o
sueabie. j^ \^^^ q^^ name for their unpaid stock to an amount which will
be their proportion fo-r the liquidation of all the debts ; and on
his failure to do so, any creditor may use his name for that pur-
pose.
§ 1498. Suits do not abate by reason of a vacancy in the re-
of^Ss™^^^ ceivership, but proceed o-n motion, and without any Bcire facias
in the name of the new receiver.
§1499. When a bank surrenders its charter, or the use thereof,
Assignment it mav make, in good faith, an assignment of all its effects for
by banks. ./ ' & / &
the payment of its debts, as natural persons may, but it can not
thereby prevent such preference among its creditors as the law
gives.
§ 1500. A creditor or stockholder may move, in six months, to
How it may set aside such assignment, by petition addressed to the Superior
be set! aside. o ? ^ i ^ l
Court of the County where the bank is located, setting forth the
grounds of complaint, which shall stand for trial before a special
jury at the first term of the Court. If the assignee resides in the
County, he must be served as in other cases ; if not, the leaving
a copy at the banking-house shall be sufficient service. The ser-
vice shall operate as an injunction until the judgment of the
PT. 1. — TIT. 16. — Agriculture, Trade, etc.
293
Chapter 2. — Notaries Public.
Oourt. If the assignment is set aside, a receiver must be ap-
pointed.
§ 1501. A 2;ood assiojnment shall not fail for the want of an as- How want
^ G r> of assignee
signee, but the Court, in vacation or term time, may appoint a ^^^ved!*^ ^^'
receiver who shall execute the assignment.
§ 1502. When a stockholder in any bank or other corporation j,"^oide?^fn
is individually liable under the charter, and shall transfer his ^^a^transfer
stock, he shall be exempt from such liability, unless he receives ^^^ ^^^^^
a written notice from a creditor within six months after such
transfer, of his intention to hold him liable ; provided, he shall
give notice once a month, for six months, of such transfer, imme-
diately thereafter, in two newspapers in or nearest the place
where such institution shall keep its principal office.
CHAPTER II
N^OTARIES PUBLI.C.
Section.
1503. By wliom appointed.
1504. Their oath of office.
1505. Their term of office.
1506. Their qualification.
-Section.
1507. Their jurisdiction.
1508. Their authority.
1509. Must have a seal, etc.
§ 1503. The power to appoint Notaries Public is vested in the pu^ffc^^f^^
Justices of the Inferior Court exclusively. piinSd '^^'
§ 1504. Before entering on the duties of their office, they shall oath of
take and subscribe before the Clerk of the Inferior Court the fol- Public,
lowing oath, which shall be entered on his minutes :
[ I, , do solemnly swear, or affirm, that I will well and
truly perform the duties of a Notary Public for the County of
, to the best of my ability ; and I further swear, or affirm,
that I am not the holder of any public money belonging to the
State, and unaccounted for. So help me God.J (a)
§1505. They hold their offices for four years, revocable at any Their term
time by said Justices, at the end of which time, if continued, ^^ ^^^^'
they must be renewed on the minutes. The Clerk must issue to
them certificates of their appointment and qualification, and keep *
a register of their names.
(a) Acts of 186S-4, p. 58.
294 PT. 1.— TIT. la— Agriculture, Trade, etc.
Chapter 2. — ^Notaries Public.
Acre and § 1506. A Notaiy must be twenty-one jears old, or an attornej
NoTaryf ^^ ^^ ^^"^? ^^^ ^^ good moral character.
§ 1507. Their notarial acts can onlj be exercised in the County
ScT S?^ ^^ their residence and appointment. Kem'Oval from the County
be exercised ^gg^|.gg ^|^g ^^gj^g^
§ 1508. They have authority —
1. To take the acknowledgments of all writings relating to-
Authority commcrce or navigation, and to witness such deeds and mpers as-
of Notaries. .
they are permitted to by law.
2. To dem^and acceptance and payment of all commercial pa-
per, or paper entitled to days of grace, and to note and protest
the same for non-acceptance or non-payment.
3. To certify to all official acts when req;uired.
4. To administer oaths in all matters incident to them as com?-
mercial officers, and [all other oaths which are not by law re-
quired to be administered by a particular officer.] (a)
5. To exercise all other powers incumbent upon them by com-
mercial usage or the laws of this State.
§ 1509. For the authentication of their notarial acts, each No-
Notarial tary must provide a seal of office, which shall have for its impres-
ister. sion his name, officially, and the name of the State and County
for which he was appointed. After the first of January, 1863, a
scrawl shall not be a sufficient notarial seal., [No seal is required
to his attestation of deeds.] (a) He must keep a fair register of
all his notarial acts sign,ed by him, together with the date of the,
transaction.
CHAPTER III.
SHIPB AJ^B SEAMEN
Article 1 . — Pilotage.
ARTierLE 2'. — Seamen,.
{ii\ Aets of 186a-4„ p.. 5.9i
PT. l._TIT. 16.— CHAP. 3.— Agriculture, Trade, etc. 295
Article 1. — Pilotao-e.
ARTICLE I.
PILOTAGE.
Section.
1510. Commissioners — how appointed.
1511. Their powers.
1512. Pilot's oath and license.
1513. His bond.
1514. Forfeiture of license.
1515. Commissioners' powers and duties.
1516. License — non-user of.
1517. Pilot's duty.
1518. Master rejecting pilot.
1519. Pilot bringing in vessel.
1520. Pilot may have a substitute.
1521. Notice to pilots.
1522. Pilot must moor vessel.
1523. His fees — payment of.
1524. Carrying off or detaining pilots.
1525. Fees of pilot boat in certain cases.
1526. Letters — delivery of.
1527. Pilot's fees in special cases.
1528. Pilots in default — penalty.
1529. Damages to — by whom settled.
Section.
1530. Record of rules must be kept.
Subject to inspection.
Commissioners' office — where kept.
Compel attendance of witnesses.
May punish defaulting witnesses.
Witnesses may be cited.
1536. Subpoenas and interrogatories.
1537. Fees for serving and executing.
Appeal — when allowed.
Testimony after appeal.
Fees, etc. — how disposed of.
Pilots receive certificates — when.
Branch pilots — how appointed.
Penalty for discharging ballast, etc.
Proceedings against master.
1545. Pilot failing to give notice.
1546. Incorporated towns — powers of.
1547. Suits — by whom brought.
1548. Present Commissioners continue.
1531.
1532.
1533.
1534.
1535,
1538.
1539.
1540.
1541.
1542.
1543.
1544.
§ 1510. The corporate authorities of Savannah, Darien, Bruns- commis-
• 1 1 n • A r • sioners of
Wick, and Saint Marjs, shall have power respectively to appoint Pilotage-
Commissioners of Pilotage, not exceeding seven in number, for pointed.
each place, of whom a majority shall be a quorum, as follows —
that is to say : The authorities of Savannah for the Bar of Tybee,
and River Savannah, and the several bars and inlets north of
Sapelo Bar; the authorities of Darien for Sapelo Bar, and Biver
Altamaha, and for the several bars and inlets south of Sapelo
Bar as far as St. Simon's Bar ; the authorities of Brunswick for
the Bar of St. Simons, and Turtle Biver, and the several bars
and inlets north of the Great Satilla River ; and the authorities
of St. Marys for the Bar of the Great Satilla River, the Bar of
St. Marys, and all bars and inlets between the two. All vacan-
cies shall be filled by such corporate authorities respectively in
the Board of Commissioners in which a vacancy shall occur, but
no owner or part owner of a pilot boat shall be allowed to act as
Commissioner of Pilotage.
§ 1511. The said Commissioners are empowered to license such powers of
persons, being citizens of the United States, of good character, sio^neJs™^ of
as they shall think most fit to act as pilots for the conducting of ^ ^ ^^^'
vessels inward to, and outward from, the several ports for which
they shall be licensed, during their good behavior. Pilots already
296 PT. 1.— TIT. 16.— CHAP. 3.— Agriculture, Trade, etc.
Article 1. — Pilotage.
licensed for any of said ports shall continue to act until removed
for cause. No person other than a duly licensed pilot shall he
entitled to receive any fee, gratuity, or reward, for conducting or
piloting any vessel inward to, or outward from, any of the ports
or harhors for which a pilot shall be licensed. Any person so
acting without authority, or interfering with or disturbing a li-
censed pilot in the way of his duty, may, on conviction, be fined
and imprisoned at the discretion of any Court having jurisdic-
tion ; but any person may assist a vessel in distress without a pi«
lot on board, if such person shall deliver up the vessel to the first
pilot who comes on board and offers to conduct it.
§1512. The license to a pilot must be in the form of a certifi-
Piiot'sii- cate of his appointment, which must be signed by a majority of
oath. , the Commissioners, or by their chairman, by their direction, and
each pilot, on receiving his license, shall take and subscribe an
oath in the following form :
" I, A. B., appointed pilot for the port and harbor of • — ,
^ do swear that I will faithfully and according to the best of my
ability, perform the duties of a pilot in and for the said port and
harbor of , and will, at all times — wind, weather, and
health, permitting — use my best endeavors to repair on board every
vessel I shall see, and conceive to be bound. for, coming into, or
going out of the said port and harbor, unless I am well assured
there is some other licensed pilot on board the same ; that I will,
from time to time, make the best dispatch in my power to con-
vey any vessel committed to my charge coming into or going out
of said .port and harbor, and will at all times well and truly
observe, fulfill and follow, to the best of my skill and judgment,
all such orders and directions as I may receive from the Commis-
sioners of Pilotage in all matters and things relating to the duty
of a pilot.
§ 1513. Before receiving his license, the pilot must make and
Pilot's bond, deliver to the Commissioners a bond payable to the Chairman of
the Board, and his successor in office, in the penal sum of two
thousand dollars, with security, to be approved by the Commis-
sioners, and with condition faithfully to perform his duties as
pilot, which bond shall be renewable at the discretion of the
Commissioners, with such security or additional security as they
may require.
§ 1514. The Commissioners may deprive any pilot of his li-
PT. 1.— TIT. 16.— CHAP. 3.— Agriculture, Trade, etc. 297
Article 1. — Pilotage,
cense for want of skillfiilness, for a willful violation of his duties, License of
pilot — how
or the orders or regulations of the Commissioners ; for negli- forfeited.
gently or carelessly losing or injuring any vessel in his charge;
or when laboring under mental derangement, or when so addicted
to habits of intoxication as to unfit him, in their judgment, to be
entrusted with the charge of a vessel; but in every such case an
appeal may be had, as is hereinafter provided.
§ 1515. The Commissioners shall have power, and it is their Power
duty, to prescribe rules and regulations for the government of of commis-
•^ -^ , . . sioners as to
pilots, and to prescribe the fees for their services, and they may pilotage.
also impose such penalties for neglect of duty, not inconsistent
with this law, as they may think proper ; but until altered by
competent authority, the fees of pilots shall remain as now fixed
by law.
§ 1516. Anv pilot who fails to act as pilot for three months, or License
. . . , f, forfeited by
absents himself for ten days at anyone time without les^ye oi ^on-user
, , , , and absence,
the Commissioners, may be deprived of his license ; and any pilot
who shall, with knowledge of the arrest of any vessel under civil
process from any Court of Record of this State, conduct or pilot
such vessel out of the port or harbor where such arrest is made. And for pi.
and whilst such vessel is in charge of a civil officer, shall forfeit seis * under
his license and be forever disqualified from acting as pilot, be-
sides forfeiting such sum as a jury may assess for damages.
§ 1517. Every pilot boat cruising, or standing out to sea, must Duty of
offer the services of a pilot to the vessel nearest the bar, unless a
vessel more distant be in distress, under penalty of fifty dollars
for each and every neglect or refusal, either to approach the near-
est vessel, or to aid her if required, or to aid any vessel in sight
showing. signals of distress; and the Commissioners, or a majority
of them, may, for such neglect or refusal, deprive the pilot of his
license.
§1518. Any person, master or commander of a ship or vessel Master re-
*^ •■■ jecting pilot
bearing toward any of the ports or harbors of this State, except to pay ms
, , expenses.
coasters in this State, and between the ports of this State and
those of South Carolina, and between the ports .of this State and
those of Florida, and who refuses to receive a pilot on board, shall
be liable, on his arrival in such port of this State, to pay the first
pilot who may have offered his services outside the bar, and ex-
hibited his license as a pilot, if demanded by the master, the full
rates of pilotage established by law for such vessel.
I
298 PT. 1.— TIT. 16.— CHAP. 3.— AGEicrLTrnE, Trade, etc.
Article 1. — Pilotage.
§ 1519. The pilot who brings a vessel into port shall have the
Pilot bring- exclusive rio;ht to take her out, unless the master of such vessel
ing in a ves- *-■
sei has a shall provc, to the satisfaction of the Commissioners that such
right to lead r ?
it^out pilot misbehaved himself whilst in charge of the vesssel, or was,
in the meantime, deprived of his license, or that such pilot had
obtained the inward pilotage against the right of some other pi-
lot first offering his services, and in any of these cases another
pilot may be employed.
§ 1520. Any pilot having the right to take a vessel out of port
Pilot may mav attend in person, or procure another person out of the pilot
offer SQbsti- ^ ^ -, . , 1 . •, 1 ^ n ^■ ^ • n
tute. boat to which he is attached to attend tor him : and it any master
or owner of any vessel in port employ any other pilot to carry his
vessel down the river, or to sea, but the pilot who brought her in,
or one belonging to the same boat, unless good and sufficient cause
shall appear therefor, on due proof thereof before the Commis-
Penaity sioucrs. he shall be liable to a fine not exceedinor one hundred dol-
against mas- ■ o
ter for em- j^TS — onc-half to the pilot lawfully claimincr the pilotage of the
ploying an- ^ •/ c 1 c
other pilot, yesscl ; but should such pilot neglect or refuse to attend, and
carry down such vessel when ready for sea (wind, weather, and
tide permitting) when thereunto required by the master, owner, or
PenaTty consiguec, such pilot shall, on conviction thereof before the Board
for not going of Commissioncrs, forfeit the upper pilotage of such vessel, and
seL be liable to a fine not exceeding one hundred dollars, and any pi-
lot actingr on board such vessel when he has no ri^ht shall be lia-
Penalty blc to the samc penalty, and shall, moreover, be liable to the pilot
for piloting . i • i n • i • i t i
withou t having the right for carrying the same vessel out; provided^ the
Commissioners have not sufficient evidence of the necessity of his
acting.
§1521. The master of a vessel in readiness to leave. must, if
Pilot to be practicable, give notice to the pilot entitled to conduct the vessel
notified of ^ , .
vessei-s de- out, of his intention to leave, or to some other pilot beloncfina: to
parture. ' ' r c o
the same boat ; provided^ such pilot be at the place of departure
of such vessel, or near thereto.
§ 1522. Every pilot in any of the harbors aforesaid bringing
Pilot mr.st any vessel to anchor in any of said harbors, shall moor such ves-
moor vessel. . . t./.i .-,, ii
sel, or give proper directions tor the mooring oi the same, and the
safe riding thereof, subject only to the legal harbor regulations of
each port.
§ 1523. A pilot bringing a vessel into port shall be entitled to
his fees before her departure from port — to be paid in advance, or
PT. 1,— TIT. 16.--CHAP. 3.— Agriculture, Trade, etc. 299
Article 1. — Pilotage.
security given for the payment; and on failure thereof he may piiofsfees
refuse to carry the vessel out, and all fees for pilotage may be de- before vessel
manded and recovered, in any Court having jurisdiction, from the
owner, master, or consignee of the vessel ; and if any licensed pi-
lot shall ask or demand more fees for his services than are specified
in the rates of pilotage, on due proof thereof before the Commis-
sioners, he shall forfeit double the amount of such vessel's pilot-
age.
§ 1524. The owner, master, or consignee of any vessel carryino; Pen.iityfor
•^ . ' . . Jo carrying off
off any pilot of such vessel, and against his consent, to any port, or detaining
either foreign or on the coast, shall be liable to such pilot, in an
action on the case, for the payment of all reasonable expenses,
and for the further sum of not exceeding three dollars a day, dur-
ing the necessary absence of the pilot; provided^ the carrying
away of such pilot be not owing to any default, misconduct, or
negligence on his part ; and the master of a vessel detaining a pi-
lot on board his vessel, the wind and weather permitting him to
go to sea, shall be liable to pay such pilot three dollars a day for
every day he is so detained.
§ 1525, When any pilot boat belonginoj to a different pilot than Fees of pi-
1 1 11 1 ? 1 1 . ^ot boat for
the one who may have conducted a vessel out to sea takes such pi- taking pilot
•^ , , from vessel.
lot off from such vessel, such pilot boat shall be entitled to one-
third of the pilotage.
§1526. Whenever a vessel shall touch off the Bar of Tybee for Pilot's fees
• • for deliver"
instructions, any pilot delivering on board such vessel any letters ing letters,
or orders shall be allowed full Bar or Cockspur pilotage in and
out.
§1527. Any pilot belonging to any port in this State, meeting pnot'sfees
at sea with any vessel bound to another port within the same, vTsseuTa'S
shall, if capable and thereunto required, take charge of and pi-** ^'^ p^^*-
lot such vessel into such port, and shall be paid two dollars per
day for every day such pilot may be on board such vessel at
sea, Avithout the bars, over and above the usual rate of pilotage,
and no other pilot shall interfere while the former is willing to
continue his services.
§ 1528. If any vessel whatsoever, or the cargo or freight Defanit of
thereof, shall receive any damage or miscarriage, or be lost, punLlTcci.^^
through the negligence or default of any pilot, after such pilot
takes charge of the same, and the claim exceeds one hundred dol-
lars, the said pilot shall, in such case, on conviction thereof before
V
800 PT. 1.— TIT. 16.— CHAP. 3.— AaRicuLTURE, Trade, etc.
Article 1. — Pilotage.
any Court of Record in this State, be obliged to answer and make
good to the sufferers, or the master of said vessel, all and every
the damages which he shall sustain thereby.
§ 1529. All other cases of damage or difference that may arise
other cases or be made against any master or pilot, for or concerning the pi-
of damages " *' ■'- ' ^ or
to be settled lotage of anv vessel, or any other matter relative to the business
by Commis- o »/ / ./
sioners. qj. q^^^q q^ ^ pilot, in any of said harbors, shall be heard and de-
termined by the Commissioners, or a majority of them, appointed
for the care of the pilotage where such damage or dispute shall
arise, who, by their decree or order, shall lawfully decide and reg-
ulate every such damage or difference, and who shall have power
to enforce such decree or order by execution or warrant of dis-
tress under their hands and seals, or the hands and seals of any
three of them, directed to any Sheriff or Constable of the County
where such execution issues, commanding the sale of the offender's
goods, or so much thereof as shall be sufficient to satisfy such
execution or warrant, and all sales thereunder shall be conforma-
ble to the laws of the State in other cases of sale ; and such
Sheriff or Constable shall be liable to be ruled before the Judge
of the Superior Court as in other cases, in term time or vacation,
for any default in duly executing such process ; but in case of a
sentence or judgment for more than twenty dollars, an appeal
may be had, as is hereinafter provided.
§ 1530. The Commissioners shall preserve, in a neatly bound
Commis- book, a rccord of all their acts, and of the rules and regulations
sioners must p-p i t • i p i •
keep a re- adoptcd by them for the direction and government of the pilots;
cord of rules, . . .
«tc. but in the city of Savannah such rules and regulations shall not
be operative until approved by the City Council. They must de-
signate one of their number as Chairman, and cause a record
thereof to be made, and prescribe such fees for the service of the
pilots, and impose such fines and penalties not inconsistent with
the provisions of this Chapter, as they may deem expedient. They
must also preserve upon record a list of all persons appointed pi-
lots by them, as well as those by them suspended.
§ 1531. All persons interested shall have access to, and be per-
Feesof Sec- mitted to havc, copies of the records ; and copies thereof certified
retary. ^ -*■ ■*■
by the Chairman or Secretary shall be presumptive evidence of
the facts therein stated. The Secretary of the Commissioners
shall have such salary or fees as the Commissioners may deter-
mine, and such salary or fees shall be paid out of fines and for-
PT. 1.— TIT. 16.— CHAP. 3.— AGRictJLTURE, Trade, etc. 301
Article 1. — Pilotage.
f
feitures, or sncli other fund as shall be under the control of the
Commissioners.
§ 1532. The office of the Commissioners must be kept in some office
f.,.,, ,,. ini . 11- ^"'^ records
suitable place, ot "wnich the public shall have notice, and their of commis-
,,,. irr* • ^ sioners, etc
books, papers, and records, may be kept m such office, or m the
office of any Court of Record in the County.
§ 1533. When the attendance of any person shall be required commis-
1 /^ . . f. T^., . sioners may
as a witness before the Commissioners of Pilotage m any matter compel at-
^ , "^ tendance of
or claim of which they shall have jurisdiction, it shall bo the ^vunesses.
duty of their Secretary, on application, to issue summonses in the
nature of writs of subpoena, to be signed by him and directed to
the persons whose attendance shall be required, when such per-
sons reside in the County where such matter or claim may be de-
pending. The summons shall express the cause and the party
at whose suit it shall be issued, and shall be served on such wit-
nesses at least twenty-four hours before the meeting of the Com-
missioners to which it shall be returnable, and it shall be served
by the messenger of such Commissioners, or a Constable, and the
return of such officer shall be evidence of the service of the subpoena.
§ 1534. Any witness thus summoned, whose testimony shall May pun-
- . ^ iiinr»'i 1 ^^^ default-
appear to be material, and who shall tail to appear, may be at- ing witness-
tached by the Commissioners, and the attachment shall be di-
rected to a Sheriff or Constable, and made returnable to the next
Superior or Inferior Court of the County ; and such Court may
fine such witness in a sum not exceeding one hundred dollars, un-
less a good excuse be made to the Judge of said Court, but such
witness shall nevertheless be liable to action at the suit of the
party injured by such non-attendance.
§ 1535. When any witness may be a seaman or transient per- May cite
,T r^ • ' . -I 1 ', 1 witnesses to
son, the Commissioners may issue subpoena to such witness by answer in-
■1 • ci ' ' !• • terroga-
tneir secretary, requiring such witness to appear at a time and tories.
place therein stated before any Justice of the Peace, or of the
Inferior Court of the County, to answer written interrogatories to
be propounded to him.
§1536. The subpoena must be served twenty -four hours before service of
it is returnable, and notice for the same length of time must be et". ^^"
given to the adverse party, or attorney, agent, or consignee, of the
time and place of putting such interrogatories. The officer tak-
ing the depositions shall seal up and properly endorse and return
such depositions, wdiich may be offered by consent or by order of the
802 PT. 1.— TIT. 16.~CHAP. 3.— Agricultuee, Trade, etc.
Article 1.— Pilotao-e.
Commissioners, and sliall stand in the place of the oral examination
of such witness, when his personal attendance can not be procured.
§ 1537. The Secretary's fees for each subpoena shall be twenty-
Fees for five cents ; for each attachment fifty cents ; for examining a wit-
serving sub- 1 T ' o ^ Tt Tn-
pcenas, etc. noss the J ustice of the Peace shall receive one dollar ; the Sheriff
or Constable, for serving any subpoena, shall receive twenty-five
cents, and for executing and returning an attachment to Court,
fifty cents.
§ 1538. In any case, where a pilot shall be suspended, or where
Appeal from a fine cxceedins; the sum of twenty dollars shall be imposed by
judgment of ^ ^ ^ "^ i •/
c ommis- any judgment or decision of the Board of Commissioners, or where
SToners, etc, t/ ^ o '
the license or warrant of a pilot shall be revoked, then the person
so fined, or the pilot so suspended, or whose license or warrant
shall be revoked, may petition the Judge of the Superior Court
of the County where such judgment or sentence may be made,
setting forth, on oath, the circumstances of the case, a copy of
which petition shall be served on the acting Chairman or Secre-
tary of such Board at least three days before the return of any
rule thereon ; and if, on reading such petition, the Judge shall
think there is sufficient ground for the allowance of an appeal, he
shall therein direct an issue to be made up between such Commis-
sioners and the appellant, which ^issue shall be tried by a special
jury, as in other appeal cases, at the next term of the Superior
Court, unless good cause be shown for a continuance ; and if, upon
such trial, a verdict shall be rendered in favor of the appellant,
the said Judge shall make a rule remitting such fine, or restoring the
suspended pilot, or the pilot whose warrant or license may have
been revoked as aforesaid.
§ 1539. In the case of an appeal, as aforesaid, commissions
commis- mav issuc to take the depositions of any person not a resident of
sioners to "^ •■■ *^ -^
take testi- the Couuty, or whose oral testimony can not be conveniently had,
mony, etc. *' ■' *^ <j >
as in other cases, before such Superior Court, but no such com-
missions shall issue but upon three days' notice to the opposite
party, by service of a copy of the interrogatories to be exhibited
as in other cases.
§ 1540. All fines and forfeitures collected by the Commissioners
Fines and shall be applied toward payment of the ordinary expenses of the
forfeitures— ^ ^ ^ «^ . .
"ow dispos- Board, and the residue shall be expended by the Commissioners
toward improving the navigation of the port or harbor where such
fines and forfeitures are inflicted.
PT. 1.— TIT. 16.- CHAP. 3.— Agriculture, Trade, etc. 808
Article 1. — Pilotage.
§ 1541. No person shall receive a certificate to act as pilot until Pilots—
. T ■when to re-
ne shall have served two full years m a decked boat, and have ceive certm-
•^ ' cate.
given satisfactory evidence of character and skill ; and every cer-
tified pilot shall serve eighteen months before he shall be entitled
to an increased authority ; but, in case of emergency, such addi-
tional pilots may be appointed as the Mayor or other chief officer
of the port may determine — -the foregoing restrictions to the con-
trary notwithstanding.
§1542. All branch pilots must be appointed by the Commis- Branch pi-
sioners, and whenever a vacancy occurs in a branch, the person appointed.
who has served the longest time as an apprentice must, if deemed
competent by the Commissioners, be appointed to the vacancy ;
but no person can hold a branch who is not engaged in pilotage,
§ 1543. If any master of a vessel, or water-craft of any descrip- Penalty for
tion, shall throw, or permit to be thrown from on board such ves- i"? baiiast
' ^ i- in bar Dor.
sel or water-craft, into any of the waters of any bay or harbor of
this State, or within three miles of the outside bar of any such
bay or harbor, any stone, gravel, or other ballast, he shall forfeit
a sum not less than five hundred nor more than two thousand dol-
lars for any such oifense, and may be imprisoned not exceeding
three months, at the discretion of the Court — -one half the for-
feiture to be paid to any one first giving information of the of-
fense to the Commissioners, and the other half to the use of the
Commissioners of said harbors respectively, for improvement of
navigation.
§ 1544. Upon the Commissioners receivins; satisfactory evidence Proceeding
. . . .for violat-
of the offense specified in the precedino; Section, it shall be their ing preced-
, - . ^ , ing Section.
duty to proceed to recover such forfeiture by process of attach-
ment, in the name of the State, which may be issued, as other at-
tachments, on the oath of the informer, or of one of the Commis-
sioners, and be levied on the vessel from which the offense was
committed. The vessel may be replevied by the master, owner,
or consignee, by giving bond, payable to the State, in double the
amount of the penalty, with the condition to have the vessel forth-
coming to satisfy such judgment as may be rendered in the
suit.
§ 1545. It shall be the duty of every pilot, having knowledge penalty
of the commission of the offense specified in the two preceding fo^^conLa^
feections, to give, as soon as practicable thereaiter, information fense<
thereof to the Commissioners ; and, failing to do so, such pilot
304 PT. 1.— TIT. 16.— CHAP. 3.— Agriculture, Trade, etc.
Article 1. — Pilotasre.
shall be deprived of his license, and be thereafter forever disqual-
ified for the office of pilot.
§ 1546. The City Council of Savannah shall have authority to
incorpora- prohibit, Under proper penalties, the throwing or depositing in
may pruhib- the Savaunah River, and within the iurisdictional limits of said
it the (lis- . in i i
charge of citv, of anv substancc of any nature or kind which might, in any
ballast in na- J^ ^ J ^ & ? J
vigabie wa- degree, lessen the depth of water in said river, or any part
thereof, within said limits ; and the same authority is hereby
vested in the corporate authorities of the other towns respectively,
as to navigable waters within their respective jurisdictions.
§ 1547. The same Boards of Commissioners are hereby author-
Suits in ized, in their own names, or in that of their Chairman, respect-
the name. ^
of commis- ivcly, as such, to sue tor and recover, to their own use and the
improvement of navigation, any forfeiture which may accrue un-
der this Chapter which is not otherwise specifically appropriated.
§ 1548. All existing appointments of Commissioners of Pilot-
Present age, and of officers under the same, as well as their rules and
Com mis- ° '
sione
to
good
3rs etc., regulations not contrary to law at the time of the adoption of
stand*^ . .. .
this Code, shall continue good and valid in law, according to
their nature and terms, until superseded by authority of this
Code.
ARTICLE II.
seamen.
Section.
1549. Defaulting seamen— how punished.
1550. Proceedings against deserters.
1551. Seamen not to be credited.
1552. Sale of liquors to seamen.
1553. Certificate of discharge.
1554. Shipping an articled seamen.
Section.
1555. Penalty for such shipping, etc.
1556. Boarding vessel to abduct seamen.
1557. Abducting seamen.
1558. Harboring deserted seamen.
1559. Illegal arrest o£ seamen.
§ 1549. Any seaman having entered or shipped himself on
Penalty board aiiy vessel within this State, or which shall come to the
against sea- *'
men absent- game, and haviug signed a contract with the master or commander
mg them- ' o o
selves. thereof to proceed upon any voyage therein mentioned, who shall
absent himself from any such ship or vessel for twenty-four hours
without leave of said master or commander, or other chief officer
having command of such vessel, or who shall neglect or refuse to
perform his duty on board the same, or refuse to proceed on the
PT. 1.— TIT. 16.— CHAP. 3.— Agriculture, Trade, etc. 305
Article 2. — Seamen.
voyage mentioned in such contract, may be apprehended on war-
rant from any Justice of the Peace within his jurisdiction, upon
application being made to him by such master or commander un-
der oath, and upon proof of such absence without leave, or of
such neglect or refusal as aforesaid, he may be committed to jail,
or other secure place, for any time not exceeding thirty days, or
until the sailing of such vessel, and the charge of apprehending,
committing, and maintaining such seaman during his confinement
as aforesaid, shall be paid by the complainant, and by him be
deducted out of the wages due, or to be due, such SQaman ; but
no seaman shall be received by the jailer until security shall
have been given for the maintenance and jail fees of such sea-
man.
§ 1550. The Judge of the Superior Court, or Judge of any Trocecd-
. 1 x • /^ ^"^^ against
City Court, or a Justice of the Inferior Court, or Justice of the seamen and
•^ . . apprentices.
Peace of the County, or any similar officer of any seaport or
County, on oath made before him that an articled seaman or ap-
prentice has deserted or absconded from a vessel, describing said
seaman and vessel, and that he is harbored or secreted by some
person (describing him) in a certain place (describing it), may
issue his warrant, directed to any lawful officer of the County,
authorizing a search for and seizure of such person in the place
designated, and to fully execute such warrant. Any person re-
sisting such search or seizure may be fined and imprisoned at the
discretion of any Court having jurisdiction.
A § 1551. It shall not be lawful for any person to give credit to credit not
W ^ ' . to be given
any seaman belonging to any vessel within this State, having *» seamen,
signed any contract to proceed therein, for any sum exceeding
one dollar, except by leave of the master or commander of such
vessel, on pain of forfeiture of the moneys or goods so credited.
§ 1552. It shall not be lawful for any keeper of a tavern or Entertain-
,., , ,,.... .. ing or furn-
tipplmg house, or any other person selling intoxicating or spiritu- isiung sea-
ous liquors, to sell any such liquors to any seaman belonging to spirituous ii-
any vessel, and who may have signed any contract, to the amount iiibited.
of more than thirty cents in any one day, or to entertain or suf-
fer any such seamen to drink in such tavern or tippling house,
or furnish such seamen with liquor after the hour of nine o'clock
at night, unless with the consent of the master or commander of
such vessel ; and any person ofi*ending against any of these pro-
visions may, on conviction, be fined in a sum not exceeding fifty
20
306 PT. 1.— TIT. 16.— CHAP. 8.— Agriculture, Trade, etc.
Article 2, — Seamen.
dollars, or be imprisoned in the common jail for not more than
thirty days.
§ 1553. Any seaman whose contract with any master or com-
seamen mandcr of any vessel within the State, for the performance of
m a V de-
mand certif- any voyagc therein specified shall be determined, may demand
charge. from him a certificate thereof, and of his discharge, and on refu-
sing to give such certificate, without just cause, any two Justices
of the Peace, upon due application and proof thereof, may give
the same, which shall be of equal force as if given by such mas-
ter or commander, who shall be liable, civilly, to pay one dollar
for such certificate so given by such Justices, and shall, moreover,
on conviction before any Court of competent jurisdiction, be lia-
ble to a fine of fifty dollars for such refusal.
§ 1554. No master or commander of any vessel, or other per-
mring, re-son withiu this State, shall hire, receive, entertain, or ship, any
ceiving, en- _ ' ' ' ? r? »/
Pertaining scamau bclonajinor to and pretending to be discharged from any
or shipping . . . . .
vbTd '^^^' ^^^^^h without a certificate of discharge being in possession of
such seaman, under the penalty of fifty dollars for every such
offense ; and the same penalty may be inflicted on any person
keeping or attending any ferry within this State, who shall will-
ingly transport, or suffer to be transported over such ferry, any
fugitive seaman not having a certificate of discharge as afore-
said.
§ 1555. If any sailor boarding-house keeper, a runner, or ship-
Penaity for piup; master, or other person, shall hire, receive, or entertain, or
lairing, re- -^ . *= ' . . . .
cQiying, . or ghip, any Seaman belonging to or pretending to be discharge
s^^Dcen con- f j.om any vessel, without a certificate of discharge being in pos-
session of said seaman, or shall aid or be concerned in any man-
ner in the shipping, or offering to ship, such seaman, the person
tbus offending shall be fined and imprisoned a*t the discretion of
the Court. Any order given by such seaman for advance wages
shall be void.
§ 1556. If any person shall board any vessel in any port or
Boarding harbor, or on any of the waters of this State, with intent to in-
vessel for ' . -^ . '
t^e purpose vcigle, entico, convey away, abduct, with or without violence, or
ing — ho w secretly carry ofi*, any articled seaman or apprentice from such
punished. »/ v' ? j rr
vessel, or shall afford any conveyance or facility to such seaman
or apprentice to leave such vessel, such person so offending shall
be liable to indictment, and, on conviction, shall be fined or im-
pr^isoned, p.r l)oth, at the discretion of the Court.
PT. 1.— TIT. 16.— CHAP. 3.— -Agriculture, Trade, etc.
;07
Article 2. — Seamen.
§ 1557. If any person shall aid any articled seaman or appren-
tice to desert from his vessel while within the waters of this State,
or shall inveigle, entice, convey away, abduct, or carry, with or
without violence, or secretly carry off, any articled seaman or ap-
prentice from any such vessel, such person so offending shall be
liable to indictment, and, on conviction, shall be liable to fine or
imprisonment, or both, at the discretion of the Court.
§ 1558. If any person shall harbor, secrete, entertain, lodge,
or keep, or shall, directly or indirectly, suffer to be harbored, se-
creted, entertained, lodged, or kept, in or about hi.s house or
premises, any articled seaman or apprentice, knowing such sea-
man or apprentice to have deserted from his vessel, such person
shall be liable to indictment, and, on conviction, be fined in a
sum of not more than five hundred dollars, or imprisoned, or both
fined and imprisoned, at the discretion of the Court.
§ 1559. The law in respect to the vexatious arrest and deten-
tion of seamen, and to summary trial of causes, civil and crimi-
nal, in which seamen and the captains and consignees of vessels
may be concerned, shall be as is provided in this Code ; but if
any provision in this Code contained shall conflict with the Code
of the City of Savannah, appended hereunto, the said Code of
Savannah shall prevail within the corporate limits of said city.
Aiding
seamen or
apprentices
to escape —
how piin-
ished.
Harboring
seamen or
apprentices.
Vexatious
arrest and'
detention of
seamen.
Code.
i
CHAPTER IV.
INSPECTION
Article 1. — Flour, Corn Meal, and Grain.
Article 2. — -Wood, Turpentine, Timber, etc*
ARTICLE I.
FLOUR, CORN MEAL, AND GRAIN.
-JSECTION.
1560. Inspectors — by whom appointed.
156L Bolted flour shall be merchantable.
1562. Flour barrels — dimensions, etc.
1563. Flour shall be inspected — when.
1564. Fraudulently packing flour.
Section.
1565. Inspector can not purchase.
1566. Selling without inspection.
1567. Inspector's oath.
1568. Corn meal, corn, and other grain.
308 PT. 1.— TIT. 16.— CHAP. 4.— Ageiculttjre, Trade, etc.
Article 1. — Flour, Corn Meal, and Grain.
§1560. The Inferior Courts in the several Counties of this-
Inspectors State shall have power to appoint, annually, one person of good
appointed, reputo to be inspector of flour in their respective Counties, but
the same power may be exercised exclusively in any corporate
towns within their corpoi'ate limits ; vacancies in such office of in-
spector may be filled by the appointing powxr as soon as may be
after the happening of any vacancy.
§ 1561. All bolted wheat flour, and every cask thereof, brought
Bolted flonr to the placcs aforcsaid for sale, shall be made, by the miller or man-
s h a 1 1 be ^ ' ' ''
merchan- ufacturer thcrcof, merchantable and of due fineness, and without
table.
mixture of coarse flour, or the flour of any other grain than
wheat.
§1562. All flour barrels packed for sale shall be well made, and
ourbar- of Q^ood material, twenty-seven inches in length, tiojhtened with
what the^ ^^ least tcu hoops, and sufficiently nailed, with the tare plainly
must con- marked on the head thereof, and every miller or bolter sliall put
into a barrel the full quantity of 196 pounds of flour, and shall
put into every half barrel the quantity of 98 pounds of flour, and
on failure thereof shall forfeit and pay the sum of four dollars
for each barrel or bag, to be recovered by any informer before
any Justice having jurisdiction thereof — one-half thereof to go
to the informer and the other half to the County or corporation
having the appointment of inspector.
§ 1563. All barrels, half barrels, and bags of flour brought to
Flour shall any place of inspection for sale shall be submitted to the view
be submit- ^ .. f^ •, . iin t*i-
ted for in- and examination ot the inspector, who shall* expeditiously inspect
—when. the same by boring into the barrel, half barrel, or bag, from head
to head, or end to end, with an instrument of not more than three-
fourths of an inch in diameter, to be by him provided for that pur-
pose, and if he shall judge the same well packed and merchanta-
ble, he shall plug the hole and brand the barrel, half barrel, or
bag with the name of the place at which he shall be inspector,
with a public brand, or mark, to be by him provided for that
purpose, and approved by the Inferior Court, City Council, or
corporation, as the case may be, and shall also mark the degree of
fineness which he shall determine the flour to be on inspection,
which degrees shall be distinguished as follows: "Extra Family,"
"Superfine," "Fine," "Middling," "First," or "Second," for
Fees for wMch troublc the inspector shall receive from the owner or con-
inspeotion. . , f» r» i i
signee at the rate ot live cents per barrel.
PT. 1.— TIT. 16.— CHAP. 4.— Agri€ulture, Trade, etc. 309
Article 1. — Flour, Corn Meal, and Grain.
§ 1564. If any person shall pack flour in an old barrel which Frandn-
lently pack-
"inay have been marked and branded as aforesaid, and which shall ingfiour.
still have the brand of the inspector thereon, or shall otherwise
fraudulently pack flour for sale, such person or persons shall for-
feit and pay the sum of twenty dollars for every barrel so packed,
to be recovered by any informer before any Justice of the Peace,
or other Court having jurisdiction thereof — one-half of such pen-
alty to go to the informer, and the other half to the miller or man-
ufacturer injured by such false packing.
§ 1565. No inspector shall be permitted, directly or indirectly, inspector
to purchase anv nour by him condemned as unmerchantable, or chase except
" , 1 1 r» 1 • /• •! for his own
any other flour whatever, other than for his own or family use and use.
consumption, under the penalty of thirty dollars for every barrel
by him purchased, to be recovered by any informer before any
Justice of the Peace, or other Court having jurisdiction — one-half
of which shall belong to the informer, and the other half to the
County or corporation having the appointment of the inspector.
§ 1566. Any person who shall sell flour in or from any of the Penalty for
^ . . . '' selling with-
places where there is an inspector without an inspection as afore- o^it inspcc-
said, shall forfeit and pay the sum of ten dollars for each barrel,
half barrel, or bag so sold, to be recovered by any informer before
any Justice of the Peace, or other Court having jurisdiction — one-
half to go to the informer and the other half to the inspector.
§ 1567. Every inspector, before entering on the duties of his of- inspector's
flee, shall take and subscribe an oath or afiirmation before the Clerk
of the Council, or Clerk of the Inferior Court, of which a minute
shall be made, that he will faithfully perform the duties of his
office, inspect all flour offered to him for inspection, and faithfully
brand and mark the barrels or bags, as by law directed. Inspec-
tors shall be liable to indictment for any neglect of duty, and
upon conviction thereof shall forfeit and pay a sum of not less
than thirty dollars.
§ 1568. It shall be the duty of every inspector of flour to inspect corn meai,
Indian corn and corn meal, wheat, and other grain in bags or in otLl- grain,
barrels, when requested by the owner or consignee to do so, and spected.
he shall brand only such as he may deem to be sound and mer-
chantable, for which his compensation shall be three cents per bag
or barrel, to be paid by the owner or consignee, as aforesaid.
310 PT. 1.— TIT. 16.— CHAR 4.— Agrictulture, Trade, etc.
Article 2. — Wood, Timber, Turpentine, Tobacco, Guano, etc.
ARTICLE II.
WOOD, TIMBER, TURPENTINE, TOBACCO, GUANO, ETC.
I
Section.
1569. Inspectors and rules of inspection.
1570. Drifted timber — selling of.
1571. Penalty for buying the same.
1572. Pitch, tar, etc., to be inspected.
Section.
1573. Turpentine barrels — dimensions of^
1574. How marked.
1575. Corporate autho-rities — powers of.
§ 1569. Inspectors may be appointed, their duties prescribed,
V Inspectors their fees fixed, and inspection and markin»i; reguhations adopted,
may be ap- ^ - • p • p i • • /»
pointed for Dj the corporatc authorities oi any city, tor the inspection oi
guano and other fertilizers, tobacco, salt, pitch, tar, turpentine,
rosin, fish, oil, staves, shingles, timber, wood, lumber, and liquor,
and such other articles and things as are usually the subjects of
inspection and measurements, and for measuring and gauging
the said articles, or any of them, within the limits of said cities ;
and the same power may be exercised by the Inferior Court of
every County, outside the limits of such town, and within the
limits of such County ; prGvided, such regulations be not inconsis-
tent with the following provisions :
1. No person shall be permitted to inspect, measure, or gauge,
Appointees cxccpt such as may be regularly appointed, under a penalty of
spect. five hundred dollars for every ofi*ense, one-half to go to the infor-
mer, and the other half to the incorporation or Court having the
appointment of inspectors. Every person so appointed shall be
Oath and required to take an oath or affirmation faithfully to perform the
specters. dutics of the office to the best of his skill and ability, and shall,
moreover, give bond and security for the faithful discharge of the
duties thereof. All vacancies may be filled by the appointing
power.
2. In all seaport towns^ where timber or lumber is brought for
Inspection exportation, or otherwise, the same shall be inspected and meas-
urement of urcd, and bills for such measurement shall be made out in superfi-
lumber.
cial measurement.
3. No lumber or timber inspector, or measurer, shall, during
Inspector }iig term of office, be or become the clerk or agent of any lumber
shall not be ^ ' . .
of^'^humber ^^ timber buyer, or the clerk or agent of lumber mill, on pain of
mill or buy- forfeiture of his office on conviction, and fine or imprisonment, at
the discretion of any Court having jurisdiction.
4. All square timber shall be measured as follows : The length
shall be counted from pin-holes, and the size from the middle of
PT. 1.— TIT. 16.— CHAP. 4.— Agriculture, Trade, etc. 311
Article 3. — Wood, Timber, Turpentine, Tobacco, Guano, etc.
the stick, takino^ the smallest side and the face, throwiDg off frac- square
^ ^ '-' lumber —
tions, and allowino; one-half of the wainedge on the size and face, ^«^^ ^eas-
' <^ . ured.
and other flatted timber, usually known as saw or mill logs, shall
be measured one-third from the smallest end.
5. All sticks which are rotten, hollow, split, or broken, shall be Kefuse lum-
' ber.
declared refuse by the inspector, and the seller shall only be
allowed one-half the measurement ; but if the defect be at or near
the end, only so much as is defective shall be declared refuse.
6. The book to the dip-rod shall not be less than one inch and Length of
■"■ liook to dip
three-quarters long. ^«^-
7. Ranging timber, scantlings, and boards, shall be deemed . hanging
<= o ' o 7 1 timber, etc.,
merchantable only when they shall have square edges, and be "^antabie"
sound, and without decay ; nevertheless, if any scantling or board
to be measured and inspected shall be split, decayed, or fractured,
more than two feet and less than six feet from the end thereof,
such split, decayed, or fractured part shall be left out and not
counted in the measurement.
8. Heading shall be two and a half feet long, six inches broad, Length
Till p ^^^ quality
one inch thick on one edge, and not less than three-quarters oi an of heading
1 iTpp 1 ^^^ shingles
inch on the other edge, sound and free from decay, worm or
knot holes ; shingles to be twenty-two inches long, not less than
three and a half inches wide, a half inch thick at the thick end,
not decayed, and free from worm or knot holes.
9. Pipe, hogshead, and barrel staves shall be considered mer- pipe, hogs-
chantable only when conditioned as follows : Pipe staves to be at banei staves
~~~wIiGn luGr*"
least fifty-four inches in length, three inches in breadth, and one chantaWe.
inch thick on the thin edge, sound and free from worm or knot
holes ; hogshead staves to be forty-two inches long,' three inches
broad, and not less than three-quarters of an inch thick on the
edges, sound and free from worm or knot holes ; barrel staves to
be two and a half feet long, three inches wide, and not less than
three quarters of an inch on their edges, sound and free from
worm or knot holes.
10. [If any inspector or measurer of timber shall fail, neglect, iiiegaiin-
. . MiiTi'i spectiun or
or retuse to measure timber as is now prescribed by law, the said measure-
ment or re-
inspector or measurer shall be guilty of misdemeanor, and, on fusai.
conviction, be subject to a fine of five hundred dollars and impris-
onment in the common jail of the County for the term of three
months.] (a)
(a) Acts of 1866, p. 26.
^
312 PT. 1.— TIT. 16.— CHAP. 4.— Agriculture, Trade, etc.
Article 2. — Wood, Timber, Turpentine, Tobacco, Guano, etc.
11. Every cord of fire wood shall measure eight feet in length,
What is a four in breadth, and four in height. Any person to whom such
cord of fire- _ o ./ r
wood, etc. ^ood is offered for sale, who may suspect any deficiency, shall
have the right to have the same measured and corded by any
sworn inspector or measurer of the place, and in case of any de-
ficiency appearing, the seller shall, besides paying the fees of the
inspector, make good the deficiency without delay, or forfeit, be-
fore any Court having jurisdiction, the sum of two dollars for
inspector — cvcry cord so deficient : in case of no deficiency appearing, the
paid. fees of the inspector or measurer shall be paid by the buyer.
The corporate authorities of any town or city may make such
of corporis further regulations on this subject as to them shall appear proper
etc. ^" ^^^' to insure the objects of this Section.
§ 1570. No raftman or other person shall dispose, or attempt
Penalty for to disposc, of any drifted timber or lumber taken up by him
disposing: *'f . , . , . /-v, . ,.
drifted tim- Within this State, ou pain of paying not exceeding five hundred
dollars for every such offense, to be recovered in any Court hav-
ing jurisdiction of the ^ame — one-half of the penalty to go to the
informer, and the other to the use of the County wherein such
off'ense may be committed — -or the offender may be imprisoned not
more than six months ; but nothing herein contained shall pre-
vent the finder of drifted timber or lumber from requiring and
receiving from the owner reasonable compensation for delivering
to the owner such drifted timber or lumber.
§ 1571. Any person detected in purchasing drifted timber or
Illegal pur- lumber as aforesaid, except from factors or timber cutters, shall
chase of drif- , ■"•
ted timber, bc liable, on couvictiou, to pay a fine of fifty dollars for every
offense, or to "be imprisoned for a term not exceeding six months.
§ 1572. No person shall ship, or put on board any vessel for
Pitch, tar, exportation, from this State, any pitch, tar, rosin, or turpentine,
etc., to be , ,
inspected before the same is inspected and marked, provided there beat
hefore it is '■ '■
shipped. the port of exportation a sworn inspector of such articles, on
pain of forfeiting one dollar for every barrel so shipped— one-half
to go to the informer, and the other half to the use of the town
or place of exportation. The true contents and quality of every
barrel of such articles must be branded on the barrel.
§ 1573. Every barrel of soft turpentine shall be formed of good
Quality and suflicient staves, three-quarters of an inch thick, not exceed-
etc, of tur- . _ . , . ^ II-
pentine bar- mg fivc luches Wide, not Icss than thirty, nor more than thirty-
two inches long ; the head not less than one, nor more than one
PT. 1.— TIT. 16.— CHAP. 4.— Agkiculture, Trade, etc. 313
Article 3. — Inspection of Liquors.
and a half inch thick, and the barrel secured with twelve good
hoops. If the turpentine be fraudulently mixed, it shall be con-
demned bj the inspector and delivered to the owner.
§ 1574. Each barrel of soft turpentine, after inspection, if found Barrels of
'■ / * turpentine--
in conformity to the foregoing provisions, shall be branded or tow marked
marked by the inspector as follows : The pure or virgin turpentine
with the letter ''V," the yellow dip " S," the hard "H."
§ 1575. The corporate authorities of any seaport town may Powers
1 ir»i ^ • n ' ' n • ' 1 °^ Corporate
make such lurther regulations tor inspection oi rosm, pitch, tar, authorities.
and turpentine, and for the discovery of fraud in making and
vending said articles, as to said authorities, respectively, shall
seem proper.
ARTICLE III.
INSPECTION OF LIQUORS,
Section.
1576. Inspectors of, etc, — how appointed.
1577. Duties of such inspectors.
1578. Damaged liquors.
1579. Evading inspection of liquors.
Section.
1580. Fees of inspector.
1581. Manufacturing drugged liquors.
1582. Monthly inspections required.
1583. Selling liquors without inspection.
§ 1576. It shall be lawful for the several city and incorporated inspectors
1 • • • 1 • ot 1 p "^ liquors,
town authorities in this State to elect or appoint an inspector of etc. — how
. . appointed.
liquors, spirits and wines, and vinegar, within their respective
jurisdictions, and the Inferior Court of the several Counties shall
have the same authority of appointment within the several Coun-
ties out of the jurisdiction of the city authorities.
§ 1577. Such inspector, after being duly appointed as aforesaid, oathand
and sworn by the Clerk of the Council, or Clerk of the Inferior inspector.
Court, faithfully to discharge the duties of inspector, shall exam-
ine and inspect all liquors, spirits and wines, or vinegar, kept by
any person within the jurisdiction of such inspector, for sale in
any quantities, and if, upon such inspection, any such shall be
found to contain any strychnine or other poisonous drug or drugs,
or offensive matter injurious to health by drinking or other use,
such inspector shall immediately give notice thereof to the owner,
who shall immediately destroy the same in the presence of the in-
spector, or give bond and security to return the same to the per-
son from whom he purchased without the limits of this State.
§ 1578. Any person who shall sell, or offer to sell, any liquor,
314 PT. 1.— TIT. 16.— CHAP. 4.— Agriculture, Trade, etc.
Article 3. — Inspection of Liquors.
Penalty for wine, OP spii'its, or vinesrar, knowinor the same to be so drucrored,
selling drug- ' • ^ • i i n i co )
ged liquors, or after notice as aforesaid shall be given, shall be indicted in the
Superior Court of the County where such offense may be commit-
ted, and on conviction thereof, shall be fined, for the first offense,
one hundred dollars ; for the second offense, two hundred dollars ;
for the third offense, four hundred dollars ; and for the fourth of-
fense, one thousand dollars, and in each case be imprisoned until
such fine be paid.
§ 1579. If any person shall refuse, or in any way prevent such
Penalty for inspoctor from makinor such examination and inspection, after a
evading in- *T ..
spection of sccond demand made by such inspector, such person shall, upon
indictment and conviction thereof, be fined and punished as in the
immediate preceding Section ; jjrovided^ the inspector shall make
the second demand in the presence of a competent witness and
prove the same by said witness on the trial.
§ 1580. Such inspector shall receive, unless other rates are pre-
Fees of li- scribcd by the authorities appointing him, from the owner of said
qnor Inspec- . . • -,
tor. liquor, wine, or spirits, or vinegar, for every ten gallons so in-
spected, five cents ; for twenty gallons, ten cents ; for forty gal-
lons, fifteen cents ; for eighty gallons, twenty cents ; for one hun-
dred and sixty gallons, twenty-five cents ; and at the same rates
and proportions upward for any number of gallons so inspected,
and he shall, if required, give a receipt and certificate therefor,
and sh"all brand the barrels, kegs, or pipes when the means are
provided by the owners therefor, and he shall also receive one-
half of all fine moneys arising under conviction, which shall by
no means disqualify him from being a witness for the State in
cases of prosecution under any of the foregoing Sections.
§ 1581. If any person shall manufacture any drugged, poison-
Penaityforous or Other delctcrious and offensive liquors, wine, or spirits, or
manufac!;ur-
ing drugged vinegar, or adulterate any liquor, wine, or spirits, or vinegar, with
poisonous material, such person so offending shall be indicted in
the Superior Court of the County where the offense may be com-
mitted for a misdemeanor, and on conviction therefor, shall be
fined and imprisoned in the common jail at the discretion of the
Court.
§ 1582. Such inspection shall be performed once a month, or
Inspection whcncver called on so to do by seller or buyer. When by the lat-
to be month- i i f»
ly. ter, he pays the tees.
§ 1583. When an inspector is appointed in any city or town,
PT. 1. — TIT. 16. — Agriculture, Trade, etc.
815
Chapter 5. — Weights and Measures.
and due notice given of such appointment, any vender of liquors, Penalty for
° ^ ^ 'J . selling li-
in any quantity, who shall offer the same for sale before or with- q^^ors with-
^ , *^ out mspfcc-
out inspection, or a bo7ia fide effort to have the same inspected, ^^on.
shall be guilty of a misdemeanor, and, on conviction, shall be
fined or imprisoned, or both, at the discretion of the Court.
CHAPTER V.
WEIGHTS AISTD MEASURES.
Sectiox.
1584. Seal or stamp for weights, etc.
1585. Weights, etc., must be marked.
1586. Selling by deficient weights, etc.
Section.
1587. St:findard of weights, etc.
1588. Clerk of I. C. to give notice.
§1584. The Justices of the Inferior Court must procure for seaior
their respective Counties a marking instrument, seal, or stamp, mTHci n^g
for the purpose of marking all weights and measures which the mea^sm-es.
Clerk of the Inferior Court may find not to weigh or measure less
than the standard established by the Congress of the United States,
which is the standard of this State.
§ 1585. All persons engaged in selling by weights and meas- vendors
ures shall apply to the Clerk of the Inferior Court of their re- weights anci
spective Counties, and have their weights and measures so marked, marked.
and in default thereof shall not collect any account, note, or other
writings, the consideration of which is any commodity sold by ^
their weights or measures.
§ 1586. Any citizen may complain to the Clerk of the Inferior seiiing by
PIT . n ' ^ deficient
Court of the deficiency of any weights and measures, whether weights or
•^ . . measures —
marked or not, and when done, it is the duty of said Clerk to no- howpunish-
. . ed. .
tify the person complained of, and give him the name of the com-
plainant, and specify a day, not more than ten days distant, when
he shall submit his weights and measures to the test of the Jus-
tices of the Inferior Court, and if the complaint is found to be
true, within the seller's knowledge, he shall be deemed a person
selling by false weights and measures, and shall be presented by
the Grand Jury as such, if no person appears and indicts.
§ 1587. The Governor shall procure standards of weights and standards of
(, 1/^ I'll 1 -I 11 weights and
measures tor each County vmich does not have them, and they, measures to
"^ ' be procured.
together with the marks provided by the Inferior Court, shall be
kept in the office of their Clerk for the inspection of the citizens.
316 PT. 1.— TIT. 16.— CHAP. 6.— Agriculture, Trade, etc.
Article 1. — Cotton, Rice, etc.
§ 1588. When such standards are obtained, it is the duty of
Clerk io such Clerk to erive sixty days' written notice thereof at the door
give notice. Jr. i • i
of the Court House, and in the public gazette where the Sheriff
of the County advertises his sales.
CHAPTER VI.
REGULATIONS FOR PARTICULAR BRANCHES OF TRADE AND
AGRICULTURE.
Article 1. — Cotton., Rice., etc.
Article 2. — Cultivation of Rice.
Article 3. — Oysters, Turtles.
Article 4. — Fishing.
Article 5. — Boats and Crews.
Article 6. — Peddlers.
ARTICLE I.
COTTOX, RICE. ETC.
Section.
1589. Sale of cotton and other produce.
1590. Purchaser failing to pay.
1591. Acceptor of draft failing to pay.
1592. Shall not be convicted — vrhen.
1593. Evidence of receipt of cotton, etc.
1594. Copartners — when liable.
Section.
1595. Oath, etc.
1596. Weighing without oath, etc-
1597. Tare on rice,
1598. Tare on other articles,
1599. Xo deduction to be made.
1600. Weighing — how regulated.
§ 1589. Cotton, corn, rice, or other products sold by planters
Ownership and coDimission merchants on cash sale, shall not be considered
of cotton,
etc., not as the property of the buyer, or the ownership given up, until the
cnanged un- ij.*/ .) 7 lo r^
til paid for. same sliall be fully paid for, although it may have been delivered
into the possession of the buyer.
§ 1590. Any person engaged in the business of buying such
Penalty for commodities, either on his own account or for others, who shall
failing to
pay for cot- buy such OH Sale from a planter or commission merchant for cash,
ton, etc "^ ^ ^ '
and shall fail or refuse to pay for the same, and shall make way
with or dispose of the same before he shall have paid therefor,
shall be deemed guilty of fraud and embezzlement, and shall be
liable, on conviction, to be imprisoned in the Penitentiary for a
PT. 1.— TIT. 16.— CHAP. 6.— AcxEicuLTUiiE, Trade, K£c. 317
Article 1. — Cotton, Kice, etc.
term not less than one year, nor more than five years^ at the dis-
cretion of the Court.
§1591. [If any person shall accept in writing any bill of ex- Penalty for
change or draft, drawn upon him, in the body of which bill or pay accepted
° ' ^ ' ... draft or bill
draft shall be specified the amount for which it is drawn, and the of exchange
time when it is payable, and that it is drawn against certain bales
of cotton, enumerating them and referring to their marks on the
margin, and that the same were sent to the drawee of said bill or
draft, subject to the payment of said bill or draft to the payee or
his order, to whom the title to said cotton was conveyed, and after
such acceptance, shall fail or refuse to pay to such payee or his
order, when the bill or draft shall fall due, the full amount of the
proceeds of the sale of said cotton, if sold by such acceptor, or
shall fail or refuse to deliver to the payee, or his order, the bales
of cotton specified in said bill or draft, when demanded, after
non-payment of said bill or draft, then such acceptor shall be
guilty of a high misdemeanor, and, on conviction, shall be pun-
ished by confinement in the Penitentiary for not less than one,
nor more than five years, at the discretion of the Court.] (a)
§1592. fNo person shall be convicted under the provisions of Not to be
1 • CI • • r» 1 11 • convicted —
the preceding Section, if he can show that the cotton received ^ben.
by him was destroyed by accident, or that he was fraudulently or
forcibly deprived of the possession thereof, or of the value of the
same after it was sold.] (a)
§ 1593. FThe acceptance in writing of the bills of exchange or Accept-
. ° . J, , . ance prima
drafts, specified in Section 1591, shall be held as jt?rma facie evi-/«c^■6 evi-
dence of the value of the receipt by the acceptor of the cotton
specified therein, and prima facie evidence of the value being
the amount specified in the bill or draft.] (a)
§ 1594. [If such bill or draft shall be drawn on, and accepted copartners
by a mercantile copartnership in the name of the firm, each of the bie.
copartners shall be held frima facie liable to all the provisions
of the three preceding Sections.] (a)
§ 1595. It shall not be lawful for any salesman, or other per- oath of
« .1 .^. . .■■•■ p 1 • o( one weigh-
son, m any oi the cities, towns, or villages oi this Stale, or at any ing cotton
•11' 1 • 1 iiT 1 n **^d rice.
railroad station or depot, to weigh any bale, bag, or package of
cotton, tierce or half tierce of rice, or any other article of pro-
duce disposed of by weight, without first taking and subscribing
(a) Acts of 1859, pp. 61-3.
S18 PT. 1.— TIT. 16.— CHAP. 6.— Agriculture, Trade, etc.
Article 1.— Cotton, Rice, etc.
an oath before some person authorized by law to administer it,
that he will justly, impartially, and without deduction, weigh all
such produce, and all other articles of produce disposed of by
weight that may be shown to him for that purpose, and tender a
true account thereof to the party or parties concerned, if so re-
quired. The weigher may, nevertheless, make such deductions
for wet or other cause which may be reasonable, when the seller
or his agent shall thereto consent, and for such tare as may by
law be allowed ; but no tare shall ever be allowed on bales of un-
manufactured cotton, except the usual deduction of two pounds
from the weight of every bag of cotton having knobs or tugs
thereon.
§ 1596. Such oath, when taken, must be filed in the Clerk's
Oath to be office of the Inferior Court of the County, and a minute made
recorded, ^ ^ ''
and penalty thcroof I and if auv person weis^hs such produce without having
for weighing ' ./ r o i o
Without oath taken and filed such oath, he and the factor, or person who may
employ him, are liable each twenty dollars for every bag of cot-
ton, five dollars for every tierce of rice, twenty-five cents for
every bushel of corn, and one-third the value of any other pro-
duct so weighed — one-half to go to the informer, the other half
to the Educational Fund of the County.
§ 1597. The tare to be allowed on rice shall be the actual tare,
Tare on rice, as nearly as can be determined, except in cases of the sale of a
single tierce, half tierce, or barrel, where a tare of ten per centum
shall be allowed, unless otherwise agreed on, between the buyer
and seller.
§ 1598. In other cases where tare is usually allowed, the actual
Tare on oth- tare, as nearly as the same can be ascertained, shall be allowed,
erarticlesv , , -,i i i i
except where the seller and purchaser may expressly agree upon
a different rule.
§ 1599. It shall not be lawful for any purchaser or wergher to
No deduc- ijiake any deduction from the weight of any article for or on
tion to be "^ o ./
made for account of the draft or turn of the scales or steelyard, under a
t u r n or ./ ^
scales, etc penalty, for every such offense, of five hundred dollars, to be re-
covered in any court having jurisdiction, one-half to go to the in-
former, by whom the suit may be brought, and the other half to
the use of the County where the offense may be committed.
§ 1600. The corporate authorities of all cities and towns may
make such further regulations for the weighing of produce of all
descriptions, including fees for weighing, as in their judgment
PT. 1.— TIT. 16.— CHAP. 6.— Agriculture, Trade, etc. 819
Article 2. — Cultivation of Rice.
Corporal©
authorities,
maj tend to eiFect the objects of the foregoing provisions, and the
Inferior Courts of the respective Counties shall have the same etc., may
i regulate
power, to be exercised outside the jurisdictions of said incorporated weighing.
cities or towns ; but, until altered bj such authorities or Courts^
fees for weighing shall be such as are now fixed by law.
ARTICLE II.
CULTIVATION OF RICE.
Sectio^t.
IGOlv Water shall not be diverted.
1602. Rice dams — when to be opened.
1603. Penalty for obstructing.
1604. Persons injured — how redressed.
IGOoi. Proceedings for redress.
1606. Award of freeholders.
Section.
1607. Person may drain his own land.
1608. Proceedings in case of obstruction.
1609. Dam not to be stopped — when.
1610. Inadequate dams.
1611. Compensation of freeholders.
§ 1601. No person shall be permitted to make or keep up any water not
dam to stop the natural course of any water, so as to overflow the ^d.
lands of any other person, without his consent, nor shall any person
stop or prevent any water from running off of any person's field,
whereby such person may be prevented from planting in season,
or receive any other injury thereby, nor so as to turn the natural
course of any Avater from one channel or swamp to another, to the
prejudice of any person. [And whenever the owner of any land Drain may
in this State shall refuse to extend any drain or ditch through the ed.
same, that may be dug to the line of his lot by the owner or occu-
pant of adjoining land, then the said adjoining owner or occupant
shall be privileged to extend his drain at his own expense through
any such lands to a proper outlet ; and if his land shall be injured
or decreased in value by reason of said draining, then the party
injured shall receive full compensation from the person so draining,
for the injury done. The question of such injury in value may be
submitted, on request of either party and notice given, to three,
disinterested freeholders, to be chosen by the Inferior Court of
said County, and they shall make an award upon the same rules
and regulations as are now provided by law touching arbitration
and awards ; provided^ said award shall be made and just compen-
sation paid before the drain or ditch is commenced.] (a)
§ 1602. Every person who shall keep water during the winter
(a) Acts of 1866, p. 27.
320 PT. 1.— TIT. 16.— CHAP. G.-^Agriculture, Trai>e, etc.
Article 2. — Cultivation of Rice.
^Eice dams upoii grounds where rice will be planted the ensuing spring, shall
be opened, annually, bj the fifth day of March, open the dams which keep
up the water, and let off the same.
§ 1603. Upon the violation of the provisions of either of the
Penalty for preccdinp; Sections, the person offending forfeits five hundred dol-
violatingthe ^ o ^ i o
in'VcSons" ^^^'^ wpou the complaint of any person interested ; one-half of the
recovery goes to the informer, the other to the Educational Fund
of the County.
§ 1604. When any person has thus offended in the manner
Person in- aforcsaid, a person affected thereby may apply to a mao;istrate
jured may ..,.. . -, ,. •/. >' ^ ^ >' o
apply for who has jurisdiction m the district for a warrant of survey, and
warrant of *^ . *'
survey. shall also, thereupon, notify the defendant of the complaint, and
of the time and place of meeting.
§ 1605. The magistrate shall have summoned three disinterested
Proceed- froehoWers of the neighborhood or district where the cause of
Ings under . . r» i ^ ^
the warrant, complamt exists, ouc 01 whom must be chosen by each oi the
parties and the other by the magistrate ; but if the defendant
neglects before the day of meeting to make a choice, the magis-
trate may choose for him ; they must be sworn before such magis-
trate, to determine the matter in dispute justly and impartially ;
shall proceed to view the obstruction, and are empowered to do so
without the attendance of either party, unless such are providen-
tially prevented, and must report their proceedings to the magis-
trate without delay.
§ 1606. If, on view thereof, a majority of said freeholders decide
Award of that Said obstructions do or may prevent the party complaining
freeholders. ^ .. . ...
from planting his crop of rice in due time, or otherwise injure
him, they shall furnish an immediate remedy in any w^ay they
think necessary to give the most effectual relief, the losing party
paying the costs of the proceeding.
§ 1607. Such proceeding does not apply to any person who shall
Drainage havo made throuo^h his own land sufficient drainage, of which said
not herein ^ , • i i
prohibited, freeholder shall be the judge, to carry off the waters passing through
the same, in as expeditious a manner as they could have passed
through the natural course or channels if no such banks had been
erected.
§ 1608. Any person between said fifth of March and the first
Proceed- day of September of each year may apply in like manner for a
ings in case '' ^ *^ ^ x r ,/
of any ob- •v\'arrant of survey on any obstructions which may impede the
structions. ^ ,/ ,; ^ l ^
conveying of any surplus water on his rice grounds, and which by
PT. 1.— TIT. 16.- CHAP. 6.— Agriculture, Trade, etc. 321
Article 3. — Cultivation of Rice.
remaining thereon may prove injurious, or shall keep up any dam
which shall stop the water so as to overflow his lands to his injury.
In such cases the proceedings are the same as heretofore set forth.
§1609. If any person shall, by himself, or throuo;h his orders, Penaiityfor
, , . T "^ ' , * . , . 1 stopping np
or by his agent, stop up any dam or replace any obstruction which dam when
has been opened or removed, or which has been thus done by him- authority.
self on the said fifth of March until the first day of July next
thereafter, or shall obstruct or hinder the opening of any dam or
removing of obstructions decided to be opened or removed, he for-
feits, as aforesaid in this Chapter, one thousand dollars for each
ofi*ense to the person aggrieved, besides his liability for the actual
damages.
§ 1610. When any dam has been made to form reservoirs of inadequate
. , ry • 1 • • 1 • (lams to be
water without sumcient waste-way, and is inadequate to sustain enlarged.
the weight of water, the owner of such dam shall immediately
cause the same to be enlarged, strengthened, or erected in a sub-
stantial manner, with a sufficient waste-way. If, on a survey by
freeholders, he neglects to make the improvements they require,
within the time they may designate, he shall forfeit to any person in-
jured, or liable to be injured, as last aforesaid.
§ 1611. The freeholders are entitled each to three dollars per compensa-
day, and if duly summoned and they fail to attend, without provi- holders, etc.
dential cause or necessary absence from the district, they forfeit
to either party one hundred dollars. The magistrate and witness-
es, if any, receive the costs allowed in the trial of forcible entries
and detainers.
ARTICLE III.
OYSTERS, TURTLES, ETC,
Section.
1612. Oysters — manner of taking.
1613. Violating preceding Section.
1614. Planted oyster-beds protected.
Section.
1615. Exclusive right of land-owner.
1616. Turtles — when to be taken.
1617. Violating three preceding Sections.
§ 1612. It shall not be lawful to take or catch any oysters in oysters-
any of the waters of this State with or by a scoop, rake, drag, or manner u-
dredge, or by the use of any other instrument than the oyster
tongs heretofore in general use for taking oysters, and every per-
son taking oysters, in violation of law, shall forfeit such sum for
every offense as the Court having jurisdiction may determine, and
21
322 PT. 1.— TIT. 16.— CHAP. 6.— Agriculture, Trade, etc.
Article 3. — Oysters, Turtles, etc.
shall forfeit to the State the boat or vessel employed in such un-
lawful business, her tackle, apparel, and furniture.
§ 1613. On complaint made upon oath before any Judo^e or Jus-
Proceed- ticc of this State, in any County where the offense may be com-
viSiator of mittcd, of the violation of the provisions of the foregoinor Section,
preceding ^ -^ o o 7
Section. such officer shall issue his warrant for the arrest of the offender,
and shall commit or let to bail, according to law, and in such war-
rant, authority shall be given for the arrest of every such boat ;
and such boat, her tackle, apparel, and furniture shall not be re-
leased, except upon bond, with good security, for the forthcoming
of such vessel and appurtenances to answer any judgment of for-
feiture. In case such boat and appurtenances be not replevied
within one month after arrest, the same may be sold by order of
such Judge or Justice, and the proceeds shall be paid into the of-
fice of the Superior Court of the County, there to await the or-
der of said Court.
§ 1614. Where any person having taxable lands upon the banks
Planted or shores of any of the rivers or creeks of this State shall plant
oyster beds to ^ • ^ ^^
protected, bcds of oystcrs upou them, it shall not be lawful for any other
person to take from such beds of oysters ; pj^ovided, the same shall
be distinctly staked or othjerwise marked.
§ 1615. When oyster banks, or beds of oysters, or natural for-
Exciusive matiou, be within rivers or creeks of this State, not exceeding one
right of cer- ,,,, r»«'iii to c
tain land- hundred and twenty feet in width, and not used tor purposes 01
owners to _ '^ ,
oyster beds, navigation, the persons having the ownership of the lands upon
both sides of such creeks or rivers shall have the exclusive right
to the usufruct of such banks or beds of oysters as aforesaid.
§ 1616. It shall not be lawful to take terrapins and turtles with-
Turties-^ in tidc-watcr at any time other than from the first day of May to
Avhen to be i p o( i ./ ./
taken. the first day of September. . ^
Violation S 1617. For any violation of the three precedins; Sections the
of tbe three "^ "^ . r o
preceding ofi*ender shall be subiect to a penalty of not less than fifty nor
Sections— o r j */
how punish- more than five hundred dollars.
ed.
ARTICLE IV.
FISHING.
Section.
1618. Fishing regulated.
1619. Violating preceding Section.
Sectiox.
1620. Vessels engaged in fishing.
1618. It shall not be lawful for any person to inhabit, occupy
PT. 1.— TIT. 16.— CHAR 6.-~Agriculture, Trade, etc. 323
Article 4. — Fishing.
or reside in any vessel, ark, or flat on any river of this State risWng
•^ ' ' *^ regulated.
which shall not be engaged in the lawful commerce of the same,
in the carriage or transportation of goods or produce to or* from
market, unless owned by the proprietors of the shores, or their
lessees ; "provided^ nothing contained in this and the previous
Section shall be construed to prevent the owners of the land on
said rivers, or their lessees, from taking fish in the river opposite
their banks ; but no seine shall be permitted to be used in said
rivers, either by such owners or their lessees, from sunset on Sat-
urday to sunrise on Monday ; and provided, also, that every
lease or license to fish shall be recorded within ten days after the
granting thereof in the Clerk's office of the Superior Court of the
County where the land lies.
§ 1619. Every offense against any of the foregoing provisions Penalty
ini '111 r» T 1 Tiin for violating
shall be punished by a nne not exceedinp; two hundred dollars, to the preced-
/ -f. ^ ing Section.
be applied to educational purposes.
§ 1620. It shall be lawful for all civil officers, at all times, to officers may
*^ •' 'visit and
visit and search all vessels, covered flats, or arks, and boats search ves-
' ' ' sels, etc.
engaged in fishing, or trading illegally on any river of this State,
and to cause offenders, therein found, against any of the laws of
this State to be committed or bound o'ver to answer for offenses
against such laws.
ARTICLE V.
BOATS AND CREWS.
Srction.
1621. Bills of lading must be granted.
1G22. Penalty for^-cfusing such bills.
Section.
1023. Traffic witli bands, etc>, prohibited,
1624:. Shipping of articles prohibited.
§ 1621. It shall be the duty of all owners or agents of boats owners of
employed in the navigation of the navigable waters of this State, graitwi^l^
to grant to each and every boat, respectively, previously to its de- '^ ^''^' ^ ^'
parture from the wharf or landing, a certificate or bill of lading,
showing its destination, contents, and the name of its captain or
patroon, and consignee, vfhich certificate or bill of lading shall at
all times be subject to the examination of any free w^hite person
requiring the same.
§ 1622. Any such owner or agent neglecting or refusing to fur-
nish certificate or bill of lading, and any such captain or patroon
324 PT. 1.— TIT. 16.— CHAP. 6.— Ageicultuhe, Trade, etc.
Article 5. — Boats and Crews.
Penalty for refusinaj to exhibit the same on demand as aforesaid, may be sev-
not granting ^ ^ > ^
and exhibit- erallv indicted, and for every offense, be fined in a sum not ex-
mg bill ot "^ ' ./J
lading. ceeding fifty dollars — one-half the penalty in such case to go to
the informer, and the other half to the use of the County where
such conviction takes place.
§ 1623. It shall not be lawful for any owner, captain, or patroon
Owner of of a boat, navigating any of the navigable rivers of this State, to
boat not to . Ill 1 1 IT
allow illegal suiier or permit any boat hand taput on board such boat, any corn,
traffic with 5 . , ■ J ^
bands. cotton, rice, stock, poultry, or other articles that may by law be
prohibited, as an article of traffic to such boat hand, as the prop-
erty of such boat hand, nor shall such owner or patroon suffer the
boat hands on board such boat to barter or trade the one with the
other, in any such article or articles of produce under any pretext
whatever, under penalty of fine and imprisonment at the discre-
tion of the Court, on conviction of the party for violating any of
the foregoing provisions.
§ 1624. No owner, captain, or patroon of such boat, shall per-
ownernot ^it any sucli boat hand to take with him any such articles, unless
to allow ar- •' %i <
tides ship- i^Ijq same shall be stated in such certificate or bill of lading, and
ped, unless o'
Sng.'^ "^ ^^ ^^^ articles shall be immediately under the direction of such
owner, captain, or patroon, or the agent of the owner, under pen-
alty of fine and imprisonment, at the discretion of the Court for
every ofi'ense against any of said provisions-.
AETICLE YI.
PEDDLERS.
Section.
1625. License to peddle — lioW obtained.
1626. License — when unnecessary.
1627. Groods not to be sold by sample.
1628. Qualification, etc., of peddler.
Section.
1629. Each vehicle mtfst be licensed.
1630. License-^powerof J. I. C. to grant.
1831. Citizens only can obtain a license.
1632. Indictment and trial.
§ 1625. Every peddler or itinerant trader, by sample or other-
License to wise, in any article not manufactured in this State, must apply to
the Clerk of the Inferior Court of each County where he may de-
sire to trade, for a license, which shall be granted to him on the
terms the Justices of the Inferior Court have or may impose. If
they have made no rule, such Clerk shall immediately inform such
Justices. They are authorized to impose such tax as they may
deem advisable ; 'provided^ it is not less . than fifty dollars, to be
PT. 1.— TIT. 16.~CHAP. 6.— Agriculture, Trade, etc. 325
Article 6. — Peddlers.
tised for County purposes. The license extends only to the limits
of the County.
§ 1626. None of the provisions of this Article shall extend to Exceptions,
persons selling the agricultural products of any State, nor toper-
sons selling agricultural implements.
§ 1627. A person not n citizen of this State shall not sell any Goods not
- to be sold by
article not manufactured in this State by sample. sample.
§ 1628. The peddler shall furnish said Clerk with evidence of Qualifica-
tions and
his good character, and shall take and subscribe before him this oath of ped-
, . ... ^^^r-
oath: ^'I swear that I will use this license in no other County
than the one for which it is granted, nor suffer any person to use
it in my name^ and that I am a citizen of this State. So help me
God." Said oath and license must be entered in the book kept
for that purpose, and the license must contain a description of tho
person of the peddler.
§1629. There shall be separate licenses for every wagon, cart, Must be a
or other vehiclo (or each horse, if the peddling is done on horse- each vehicle
back), employed or used in vending such goods, wares, or mer-
chandise, which shall be shown to any officer, civil or military, de-
manding it, and on failure or refusal so to exhibit, the peddler for-
feits five hundred dollars, to >be recovered on suit of the informer —
one-half to go to the informer, the other to the Educational Fund
of the County.
§ 1630. The Justices are authorized to grant licenses to peddle Authority
. ° ^ of J. 1.0.
to indigent and infirm persons upon such terms as they in their
discretion may impose^
§1631. A foreigner not a citizen shall not be granted license Foreigaers
Till ... ™ay not be
to peddle, unless he shall have declared his intention to become licensed.
a citizen, and he shall swear to such fact, instead of that he is a
citizen.
§ 1632. On the trial of a foreigner for illegal peddling, whether inindict-
with or without license, the State is only required to prove the onus is on
1 IT 1 1 r ' • T r> T defendant
pedaling, and the torei^ner mus,t show, m defense, his eligibility, etc
/
326
PT. 1, — TIT. 17. — Salaries and Fees &f Officers.
Chapter 1. — Officers connected with the Executive Departments
TITLE XVIL
SALARIES AND FEES OF OFFICERS
CHAPTER I.
OFFICERS CONNECTED WITH THE EXECUTIVE DEPARTMENT.
Section.
1633. Salaries appropriated.
1634. Salaries of Executive officers.
Section.
1635. Pay of those without fixed salaries.
§ 1633. [The various sums of the annual salaries of all the of-
ficers of this State, whose salaries are fixed by law, are hereby
appropriated annually to pay said officers, until they are altered
by law.] (a)
§ 1634. The salaries per annum x)f such officers, respectively^
Salaries of are as follows :
Executive
officers. j-^j^^ Governor $4000 00
The Governor's Secretaries, each 1800 00'
The Governor's Messenger 950 00'
The Comptroller General 3000 00
The Clerk of the Comptroller General 1600 00
The State Treasurer 2000 00
The Secretary of State 2000 00
The Clerk of the State Treasurer 1600 00
The State Librarian 1200 00](b>
§ 1635. All persons employed by the Governor for whom no»
Pay of of- compensation is prescribed are paid, according to his discretion,
salaries are out of the moncy appropriated therefor. If no money is thus ap-
propriated, and the employment is indispensable, he has the priv-
ilege to pay them out of the contingent fund.
(a) Acts of 1865-^, pp. 11, 12. (b) Acts of 1865-«, p. 16.
PT. 1. — TIT. 17. — Salaries and Fees of Officers.
Chapter 2. — Other Officers appointed by the Governor.
CHAPTER II.
OTHER OFFICERS APPOINTED BY THE GOVERNOR.
Section. I Section.
1636. Pay of officers appointed, etc. ' 1637. Governor may fix pay, etc.
\
§1636. The salaries per annum of such officers, respectively, g^^^^y^^^^^;
are as follows : Ste^L.'^
The Trustees of the Lunatic Asylum, each $ 100 00
[The Principal Keeper of the Penitentiary 2000 00
The Assistant Keeper of the Penitentiary 1200 00
The Book-keeper and Salesman of the Penitentiary 1200 00](a)
The Tanner of the Penitentiary 1200 00
The Overseer of the Penitentiary 800 00
The Physician of the Penitentiary 500 00
The Chaplain of the Penitentiary 150 00
The Military Store-keeper at Savannah 300 00
The Military Store-keeper at Milledgeville 150 00
§ 1637. If the Governor establishes other places of keeping ^^a^^g^'^the
the military stores of the State, he may regulate the salaries of g^ J^p^^j.g'
all the keepers thereof, so that the compensation -will be in pro-
portion to their respective duties and responsibilities, which, when
done, shall be reported to the General Assembly.
CHAPTER III.
OFFICERS APPOINTED BY THE TRUSTEES OF CERTAIN INSTITUTIONS,
WHO ARE PAID IN WHOLE, OR IN PART, FROM THE STATE TREASURY
OR OUT OF STATE APPROPRIATIONS.
Section 1638. Salary of officers of Asylum, etc.
§ 1638. The salaries, per annum, of such officers, respectively, salary of
- i» n officers of
are as tollOWS: the Asylum,
etc.
The Superintendent and Principal Physician of the Lunatic
Asylum $2500 00
The Assistant Physician 1250 00 *
The Superintendent of the Georgia Military Institute 2500 00
(a) Acts of 1865-6, p. 16. * See second paragraph of Section 1368.
328
PT. 1. — TIT. 17. — Salaries and Fees of Officers.
Chapter 4. — Officers connected with the Legislative Department.
CHAPTER ly.
OFFICERS CONNECTED WITH THE LEGISLATIVE DEPARTMENT.
Section 1639. Salary and fees of Legislative officers.
§ 1639. The salaries, per session, of the officers connected with
Salaries Said department, who receive such, and which are embraced in
and fees of . . p ,
Legislative the appropriation for the pay of officers and members of the Gen-
eral Assembly, are —
The Secretary of the Senate ." $500 00
The Clerk of the House of Representatives 500 00
The fees of said officers are—
For every extract of a private nature, per copy sheet 15
For certifying an extract of a private nature 50
For certifying an act for the benefit of an individual, or corpo-
ration, or society • 3 00
CHAPTER V.
OFFICERS CONNECTED "WITH THE JUDICIAL DEPARTMENT.
Section.
1640. Salaries of Judges and Sols. General.
1641. Certificate of service.
1642. Fees of Attorney General.
Section.
1643. Fees of Sol. Gen'l Supreme Court.
1644. Fees in certain cases.
1640. The salaries, per annum, of such officers, are as foi-
Salaries of loWS :
Judges and
Solicitors
General.
Fees of So-
licitor Gen-
eral.
The Judges of the Supreme Court, each |3500 00
The Reporter of the Supreme Court 1000 00
The Judges of the Superior Court, each 2500 00
[The Solicitors General of the several Circuits, each 300 00] (a)
The fees of such officers are as follows :
1. Solicitor General —
For each person prosecuted to conviction for a capital offense,
For each person prosecuted [to trial or plea of guilty] (b) for any
other felony, and for any violation of the laws against gam-
bling.
50 00
25 00
(a) Acts of 1865-6, p. 250. (b) Acts of 1866, p. 21.
PT. 1.— TIT. 17.— Salaries and Fees of Officers. . 329
Chapter 5. — Officers connected with the Judicial Department.
For each person indicted or presented : $ 5 00
For each proceeding to enforce a recognizance 5 00
For every amount collected on such proceedings, five per cent.
For every proceeding instituted to forfeit a charter 100 00
For services in the Supreme Court —
First — In capital cases 50 00
Second — Other felonies 30 00
Third — All other cases 15 00
Fourth — For litigated recognizance, double fees and commis-
sions.
For drawing a capias against a person indicted or presented and
not bound over 50
For drawing a capias against each defaulting juror 50
For entering a nolle prosequi 35
For attending at Judge's Chamber to take the affidavit of any
person in criminal cases 1 00
For drawing an affidavit,- or any instrument of writing, per copy
sheet 10
[For a peace warrant tried or disposed of by the Court 5 00] (a)
For plain collections for the State, five per cent.
For litigated collections for the State, 10 per cent.
For services in cases not mentioned, where the State is an inter-
ested party, at the discretion of the Governor, not exceeding 50 00
[For every bill of indictment ignored by the Grand Jury, to be
paid by the prosecutor and received as in cases of malicious
prosecution 5 00] (b)
§ 1641. They shall not be paid fees for litigation without the certificate
, . .of services.
certificate of the presiding Judge that they are properly and faith- cases in
fully claimed as such, nor on any bill for any species of gaming, JaUoweV'^
where the same is entered nol. 'pros.
§1642. The Solicitor General, who, by virtue of his office, is Fees of At-
^ ^ '^ ' torney Gen-
Attorney General, has the following fees : erai.
For every written opinion he is legally required to make 25 00
For prosecuting a Solicitor General, the payment of his neces-
sary expenses, and. i = 50 00
For services in any case where the State has an interest, and his
services are required, the payment of his necessary expenses,
and 50 00
For suits for and collection of money, on account of the State, out of
his circuit, when litigated, ten per cent, upon amount collected, and
five per cent, if not collected ; if not litigated, fees of Solicitor General.
For any service performed, for which a fee is not prescribed, the Gover-
nor may pay him what he deems reasonable and just, and report
the same to the General Assembly.
(a) Acts of 1859, p. 17. (b) Acts of 1866, page 21.
330 PT. 1.— TIT. 17.— Salaries and Fees of Ofeicers.
Chapter 5.— Officers ccmnected with the Judicial Department.
"•
§ 1643. The fees of the Solicitors, for services rendered in the
Fees of So- Supreme Court, shall be paid by the State, on the warrant of the
licitorinSu- ^ ' . .
preme Court Govcmor, in all cases when the Solicitor shall present the certifi-
cate of the Clerk of the Supreme Court, as to services,, and of the
Clerk of the Superior Court to the fact that the defendant was
acquitted, or was unable to pay the costs.
§ 1644. [The fees allowed to Solicitors for the prosecution in
the Superior Court of the crimes which were reduced below felo-
nies bj the act of the 20th March, 1866, shall remain the same
as they were before said crimes were so reduced ; and the fees in the
County Court shall be the same as those herein provided for.]| (a)
a) Acts 1866, p. 153.
PART II.
THE CIVIL COI>E.
TITLE I.
OF PERSONS
Chapter 1. — Different Jcinds of Persons — their Mights and Status,
Chapter 2. — Of Domicil, and the Planner of Changing the same.
CHx\PTER I.
DIFFERENT KINDS OF PERSONS— THEIR RIGHTS AND STATUS,
Article 1. — Of Citizens,
Article 2. — Of Residents and Aliens,
Article 3. — Of Persons of Color,
Article 4. — Of Corporations.
ARTICLE I.
OF CITIZENS.
Section.
1645. Natural and artificial persons.
1646. Division of natural persons.
1647. Citizens.
1648. Rights of citizens.
1649. Exercise thereof.
Section.
1650. Females.
1651. Minors,
1652. Disqualification from crinaie.
1653. Insane persons.
§ 1645. Pexsaas are either natural or artificial. The latter are Natural
the creatures of the law, and except so far as the law/a2:^zc?s it, %onl] *"'*'
subject to be changed, modified, or destroyed, at the will of their
creator : they are called corporations.
V
J
832 PT. 2.— TIT. 1.— CHAP. 1.— Persons.
Article 1. — Citizens.
§ 1646. Natural persons are distinguished according to their
Division rip;hts and status into — 1st, citizens; 2d, residents not citizens; 3d,
of natural = 7 ? j ? >
persons. aliens ; 4th, persons of color,^''-
§1647. The persons to whom belong the rights of citizenship
//Citizens. ^^(J the modc of acquiring and losing the sa.me, have been speci-
fied in a former Article.
§ 1648. Among the rights of citizens are the enjoyment of
Eights of. perspnal security, of personal liberty, private property and the
disposition thereof, the elective franchise, the right to hold office,
to appeal to the Courts, to testify as a witness, to perform any
'S^ civil function, and to keep and bear arms.
r^ ■ § 1649. All citizens are entitled to exercise all their rights as
1 thereof. such, unloss Specially prohibited by lawA
,^'. § 1650. Fe males are not entitled to the privilege of the elective
Females, franchise, nor can they hold any civil office or perform any civil
functions unless specially authorized by law, nor are they required
/^ to discharge any military, jury, police, patrol, or road duty.
•f- § 1651. The law pr£ scrib.e s certain ages at which persons shall
"^ ^Minors, be Considered of sufficient maturity to discharge certain civil func-
^ J tions, to make contracts, and to dispose of property. Prior to
^W ^. those ages they are minors, and are for that disability unable to
x-^^ exercise these rights of citizens.
§ 1652. Citizens under conviction by a Court of this State for a
Disquaiifi- felouv are incapable of exercisino- the elective franchise pendinoj
- x^tion from ,.;.,. i ii • • i
J \i erime. the cxecutiou of their sentence ; and all persons, citizens or other-
wise, convicted of perjury, false swearing, or forgery, shall be
incapable of testifying as a witness pending the execution of their
sentence.
§ 1653. All persons non compos mentis, either from birth or from
* J^f "® P®^' subsequent causes, constantly or periodically, or from age, infirmity,
drunkenness, or otherwise incapable of managing their affairs,
have their persons and estates, or either of them, placed in the
control of guardians. Such persons retain all the rights of citizens
which they have the capacity to enjoy, and which are compatible
with their situation.
sons.
PT. 2."^TIT. 1.— CHAP. 1.— Persons.
33B
Article 2. — Residents and Aliens.
ARTICLE II.
OF RESIDENTS AND ALIENS.
Skctiox.
1654. Rights of citizens of U. S.
1655. Aliens.
1656. Rights of aliens as to realty.
1657. Rights to sue and testify.
Section.
1658. Liens.
1659. Priyileges of certain Frenchmen.
1660. Militia duty.
§ 1654. Such citizen s of the other States of this Ui^isii ^^ are citizens of
recognized as citizens of the United States by the Constitution
thereof, shall be entitled, while residents of this State, to all the
rights of citizens thereof, except the elective franchise and the
right to hold office, and to perform such civil functions as are
confined by law to citizens of this State.
§ 1655. Aliens are the subjects of foreign governments not nat
uralized under the laws of the United States.
§ 1656. Aliens, the subjects of governments at peace with the ^'^"s as
United States and this State, so long as their governments remain
at peace, shall be entitled to all the rights of citizens of other
States resident in this State, and shall have the privilege of pur-
chasinsr, hpldin^, and conveying real estate in this State.
Aliens.
Eights of
to
Liens.
Eights to
§ 1657. The citizens of other State s of the United States, or of sij? and tes-
foreign States at peace with this State, and friendly Indians, shall
by comity be allowed the privilege of suing in our Courts or
giving evidence therein, so long as the same comity is extended in
their Courts to the citizens of this State.
§ 1658. Aliens may receive and enforce liens by mortgage or
otherwise on real estate in this State.
§ 1659. In accordance with the recommendation of the Congress of certain
of the United States expressed in the resolution passed on 14th
January, A.D. 1780, the citizens of the French Government shall
continue to have the privilege of disposing of and settling their
estates within this State, as provided in the Act of this State,
approved February 22d, A.D. 1785.
p -t nr*r\ Tt ' 1 •• i • t i' ^ ii t Militia duty.
§ lobO. Kesidents not citizens and resident aliens shall not be
liable to militia duty, except in so far as repelling local invasions
or suppressing insurrections.
PT. 2.=^TIT. l.-^CHAP. 1,— Persons.
Article 3. — Persons of Color.
ARTICLE III.
OF PERSONS OF COLOR.
1661. Who are.
1662. Rights of persons of color.
1663. May testify.
1GG4. May file affidavits.
1665. Husband and Vfife.
Section.
1686. Marriage ceremony.
1667. Obligation of parent.
1668. Obligation of children.
1069. Children — when legitimate.
§ 1661. [All negroes, muiattoes, mestizoes, and their descend-
Who are ants, liavinff one-ei«;litli neo;ro or African blood in their veins, shall
persons of -' " ^ o '
color. be known in this State as persons of color.] (a)
§ 1662. [Persons of color shall have the right to make and en-
Their rights, force contracts, to sue and be sued, to be parties and give evi-
dence, to inherit, to purchase, lease, sell, hold, and convey real
and personal property, and to have full and equal benefit of all
laws and proceedings for the security of person and estate, and
shall not be subjected to any other or different punishment, pain
or penalty for the commission of any act or offense than such as
are prescribed for white persons committing like acts or of-
fenses.] (a)
§1663. [Persons of color shall be competent witnesses in all
*► tj^ent ^wu- ^^^ Courts of this State in civil cases whereto a person of color is
aesses. ^ party, and in all criminal cases wherein a person of color is de-
V fendant, or wherein the offense charged is a crime or misdemeanor
against the person or property of a person of color.] (X)\
§ 1664. [In all cases now pending, or that may be hereafter in-
May file stitutcd in any of the Courts of this State, wherein a person of
affidavit— ^ "^ .
when. color is a party, plaintiff or defendant, it shall be competent for
such person of color to make and file any affidavit now by law allowed
a citizen, to advance the 'remedy or aid the defense, and when so
made and filed, in conformity with law, such action shall be had
thereon as though the said affidavit had been made and filed by
any other litigant.] (a)
§ 1665. [Persons of color living together on the 9th day of
, Husband March, 1866, as husband and wife, are hereby declared to sustain
and wife— , , , ' . •, n i
When. that legal relation to each other, unless a man shall have two or
more reputed wives, or a woman two or more reputed husbands.
In such event, the man shall immediately select one of his re-
(a) Acts of 1865-6, p. 239.
PT. 2.— TIT. 1.— CHAP. 1.— Persons. 885
Article 8> — Persons of Color.
I puted wives, with her consent, or the woman one of her reputed
' husbands, with his consent, and the ceremony of marriage between
these two shall be performed. If such man, thus livinsr with ^ Adultery,
^ 7 o etc. — how
more than one woman, or such woman livino: with more than one committed.
Iman, shall fail or refuse to comply with the provisions of this Sec-
tion, he or she shall be prosecuted for the offense of fornication,
or fornication or adultery, or fornication and adultery, and pun-
ished accordingly.] (a)
§ 1666. fit shall be lawful for ordained colored ministers of the who may
^ ^ ^ , perform
Gospel, or ministers of the Gospel of African descent, to celebrate marriage ce*
marriage between freedraen and freedwomen, or persons of Afri-
j, can descent, only, under the same terms and regulations as are
{ now required by the laws of the State for marriages between free
Awhite citizens of this State.] (b)
^ §1667. fAmonff persons of color the parent shall be required Parents
. . - , . ^ , , ., , 111.- .->,.• sl^'-^ll main-
to maintain his or her children, whether legitimate or ille£!;iti- tain ehii-
*-* ° dren.
mate.] (a)
§ 1668. [Children shall be subiected to the same obliarations in pbUgationg
"^ L '^ <-> of children.
relation to their parents as those which exist in relation to white
persons, and in all cases when the parents have separated and
the children remain with the mother, she shall have control of
such children during their minority.] (c)
§ 1669. TEvery colored child born before the 9th day of March, chiid legiti-
, . . ^ mate— when
1866, is hereby declared to be the legitimate child of his mother;
but such child is the legitimate child of his colored father only
when born within what was regarded as a state of wedlock, or
when the parents were living together as husband and wife.] (d)
ARTICLE IV.
OF CORPORA TIONB.
Section 1. — Their Nature and Kinds.
Section 2. — Their Creation.
Section S.— Their Powers and Liabilities.
Section 4:.— Their Dissolution.
(a) Acts 1865-6, p. 239. (b) Acts of 1866, p. 156. (c) Acts of 1865-6, p. 240,
and Acts of 1866, p. 157. (cl) Acts of 1865-6, pp. 239-'40, and Acts of 1866,
pp. 156-7.
836 PT. 2.— TIT. 1.— CHAP. 1.— ART. 4.— Persons.
Section 1. — Their Nature and Kinds.
SECTION L
THEIR NATURE AND KINDS.
Section.
1670. Definition.
IGTl. Public and private.
Sectiox.
1G72. Public.
1G73. Private.
§ 1670. A corporation is an artificial person created bj law for
Definition, specific purposes, the limit of whos,^_e:^istence, powers and liabili-
ties is fixed bj the act of incorporation, iisuallj called its cha rter.
prhS?^ ^^ § 1671. Corporations are either public or private.
§ 1672. A public corporation is one having for its object the
Public, administration of a portion of the powers of government, dele-
gated to it for that purpose : such are municipal corporations.
§ 1673. All others are private, whether the object of incorpora-
Private, tiou be for public convenience or individual profit, and whether the
purpose be, in its nature, civil, religious, or educational.
SECTION II.
K
THEIR CREATION.
'X
Section.
1674. By whom created.
1675. Foreign corporations.
Section.
1G76. Organization under order of Court.
§ 1674. The power to create corporations in this State vests in
By whom i]iq Grencral As semb ly, and the Courts, by whom all charters must
created. . — -^ ' * — ' " ' ' - •/ ' ... m .-...^,,^ ' ^
be granted.
§ 1675. Corporations created by other States or foreign gov-
Foreign cor- ernmeuts, are recognized in our Courts only by comity, and so lona;
porations. ? o ./ «/ c/ ? o
as the same comity is extended in their Courts to corporations
created by this State.
§ 1676. A pHvate cor poration , for any puxpase whatever, ex-
^ Organiza- ccpt banking or insurance, may be created in this State by com-
^»i tion under . ~- ■ !pr "' -
'^ order of plymg With the loilowing provisions :J"n,
1. [The persons desiring the charter shall file in the office
Petition, of the Clerk of the Superior Court of the County in which
they desire to transact business, a petition or declaration, speci-
fying the objects of their association, and the particular business
they propose to carry on, together with their corporate name, and
/
PT. 2.— TIT. 1.— CHAP. 1.— ART. 4.— Persons. 337
Section 2. — Their creation,
the amount of capital to be employed by them actually paid in, Corporate
^ . . . . name and
and their place of doing business, and the time not exceeding capital stock
twenty years, for which they desire to be incorporated ; which pe-
tition or declaration shall be recorded by said Clerk, and shall also
be published once a week, for one month, in the nearest public ga- Petition to
^ ' ' ■"• ^ be recorded
zette to the point where such business is located, before said Court andpubush-
shall pass an order declaring said application granted.] (a)
2. If, upon hearing such petition, the Court shall be satisfied Order,
that the application is legitimately within the purview and inten-
tion of this Code, it shall pass an order declaring the said appli-
cation granted, and the petitioners and their successors incorpo-
rated for and during a term not exceeding twenty years, with the
privilege of renewal at the expiration of that time, according to
the provisions above set forth. A certified copy of this petition
and order under the seal of the Court, shall be evidence of such
incorporation in any Court in this State.
3. [No corp oratio n created under this Artic le shall commence Ten per
. ™". * ' T ., ' - ' ■ - - , ■"■■ "'■■ "" '. cent, must
to exercise the privileges conferred by the charter, until ten per be paid in.
cent, of the capital stock is paid in, and no charter shall have any
force or efi'ect for a longer period than two years, unless the cor-
porators, within that time, shall in good faith commence to exer-
cise the powers granted by the act of incorporation; and in case
of the failure of said corporation, the stockholders shall be bound individual
in their private capacity, to any creditor of said corporation, for '^ ^ ^ ^'
the amount of stock subscribed for by him, until the said subscrip-
tion is fully paid up, or until the stockholder shall have paid, out
of his private property, debts of the said corporation to an amount
equal to his unpaid subscription.] (a)
4. The Clerk of the Court, for his services, shall receive the Fees.
usual fees allowed for similar services in other cases.
5. Corporations thus created may exercise all corporate powers Powers,
necessary to the purpose of their organization, but shall make no
contract or purchase, or hold any property of any kind, except
such as is necessary in legitimately carrying into efi'ect such pur-
poscj^r f or securin g debts due to the comp any.
(a) Acts of 1865-6, pp. 27-8.
22
S38
PT. 2.— TIT. 1.— CHAP. 1.— ART. 4.— -Persons.
Section 3. — The Powers and Liabilities of Corporations.
SECTION III.
THE POWERS AND LIABILITIES OF CORPORATIONS,
Section.
1677. Continuance.
1678. Common powers.
Section.
1679. Responsibility for acts of officers.
§ 1677. Corporations have continuous succession during the
Continuance time limited by their charter, notwithstanding the death of their
members. Should any charter granted in future by the General
Assembly to a private corporation be silent as to its continuance,
such charter shall expire at the end of thirty years from the date
of its grant.
§ 1678. All corporations have the right to sue and be sued, to
Common havo and use a common seal, to make by-laws, bindins; on their
powers. ;- — -^ -, / o
own members, not inconsistent with the laws of this State and of
the United States, to receive donations by gift or will, to purchase
and hold such property, real or personal, as is necessary to the
purpose of their organization, and to do all such acts as are neces-
sary for the legitimate execution of this purpose.
§ 1679. Every corporation acts through its officers, and is re-
Eesponsi- sponsible for the acts of such officers in the sphere of their appro-
bility for ^. . .~ „ r'"",. '^^WT
acts of offi- priate duties ; and no corporation shall be relieved of its liability
to third persons for the acts of its officers, by reason of any by-
law or other limitation upon the power of the officer, not known
to such third person.
SECTION IV.
OF THE DISSOLUTION OF CORPORATIONS
Section.
1680. Of public corporations.
1681. Private charters.
1682. Heretofore granted.
1683. How dissolved.
1684. How forfeited.
Section.
1685. Surrender.
1686. Death of members.
1687. Disposition of assets.
1688. Collateral liabilities.
§1680. EaJillc corporatioJis being established for public pur-
Pubiiccor- poses, are always subject to dissolution by the act of the General
porations. r ? *' «/ «'
Assembly.
PT. 2.— TIT. 1.— CHAP. 1.— ART. 4.— Persons. 339
Section 4. — The Dissolution of Corporations.
S 1681. In all cases of private charters hereafter granted, the Private
^ ^^„.. ^ .r,_.,..„ . , , . ° ' charters.
State reserve s the^ri^ht to withdraw the franchise, unless such
right is expressly negatived in the charter.
"~5T-682. Private corporations heretofore created, without the Heretofore
(reservation of the right of dissolution,' and where individual
rights have become vested, are not subject to dissolution at the
will of the State.
§ 1683. Every corporation is dissolved — 1st, by expiration of now dis-
its charter ; 2d, by fgrfejijiire of its oJoaxter ; 3d, by a surrender
of its franchises ; 4th, by the death of all its members without pro-
vision for a succession.
§ 1684. A corporation may forfeit its charter — 1st, by a willful How for-
^ ^ •^^ . . ... '"' feited.
v iolatio n of any of the essential conditions on which it is granted ;
2d, by a misuser or non-user of its franchises. This dissolution
dates from the judgment of a Court of competent jurisdiction
declaring the forfeiture.
§ 1685. A corporation may be dissolved by a voluntary sur- surrender.
render of its franchises to the State. In such case, such surren-
der does not relieve its officers or members from any liability for
the debts of the corporation.
§ 1686. The death of all the members of a corporation, or of Death of
so many of them as to render it impossible under the charter to
provide a succession, is a dissolution thereof.
§ 1687. Upon the dissolution of a corporation, for any cause, Disposi-
«, /» 1 T p , . . . ~% -I • ^^OQ of as-
all 01 the property and assets oi every description belonging to sets.
the corporation shall constitute a fund — first, for the payment of
its debts, and then for equal distribution among its members. To
this end the Superior Court of the County where such corpora-
tion was located shall have power to appoint a receiver , under
proper restrictions, properly to administer such assets under its
direction.
§ 1688. The dissolution of a corporation, from any cause, shall collateral
not, in any manner, affect any c ollater al or ultima te or other lia-
bility, legally incurred by any of its officers or members-
340
PT. 2.— TIT. 1.— PERSoifs.
Chapter 2. — Domicil and the Manner of Cbainging the same.
CHAPTER II.
OF DOMICIL AND THE MANNER OF CHANGING THE SAME.
Section.
1689. General rule.
1690. Persons residing at two or more, etc.
1691. Feme covert.
1692. Of minor.
Section.
1693. Lunatics, etc.
1694. Change of domicil.
1695. Of persons not '' sui Juris."
§ 1689. The (ijamicil of every person of full age, and laboring
Domicil. Under no disability, is the place where the family of such person
shall permanently reside, if in this State. If he has no fang^ly,
or they do not reside in this State, then the place where such per-
son shall generally lodge shall be considered his domicil.
§ 1690. If a person shall reside indifferently at two or more
Election of places in this State such person shall have the privilege of elect-
ing which shall be his domicil, and if such election be made no-
torious the place of his choice shall be his domicil. If no such
election be made, or if made is not generally known among those
with whom; he transacts business in this State, third persons may
treat either one of such places as his domicil, and it shall be so
held : and in all cases a person who habitually resides a portion
of the year in one County and another portion in another, shall
. be deemed a resident of both, so far as to subject him to suits in
either for contracts made, or torts committed in such County.
Transient Transient persons whose business or pleasure causes a frequent
change of residence, and having no family permanently residing
at one place in this State, shall be held and deemed as to third
persons to be domiciled at such place as they at the time tempora-
rily occupy.
§1691. The domicil of a married woman shall be that of her
j?jme CO- husband, except in two cases : 1st, of voluntary separation and liv-
ing apart ; 2d, of a pending application for divorce. In which case
her domicil shall be determined as if she were 2, feme sole.
§ 1692. The domicil of every minor shall be that of his father^
if alive, unless such, father has voluntarily relinquished his pa-
rental authority to some other person. In such event, the domicil
of the minor shall be that of his master, if an apprentice, or his
employer ; if neither master or employer, then the place of his
own choice ; if the father be dead, then the domicil of the minor
shall be that of his guardian, if he has one in this State ; if no
©f minor.
PT. 2.— TIT. 1.— Persons. 341
Chapter 2. — Domicil and the Manner of Changing the same.
guardian, then of his mother, if alive ; if no mother, then of his
employer ; if no employer, then of his own choice. The domicil
of a bastard shall be that of his mother.
§ 1693. Persons of full age, who for any cause are placed under Lunatics.
-the power of a guardian, have the same domicil with the guardian.
§ 1694. The domicil of a person '•'• sui juris.'" may be changed change of
domicil.
'hj an actual change of residence with the avowed intention of
remaining. A declaration of an intention to change the domicil
is ineffectual for that purpose until some act done in execution of
the intention.
§1695. A person whose domicil for any reason is dependent of persona
upon that of another can, by no act or volition of his, effect a juris:'
•change of his own domi^jil ; nor can a guardian change the domicil
of his ward by a change of his own or otherwise, so as to interfere
with the rules of inheritance or succession, or otherw^ise affect the
rights or interests of third persons.
TITLE 11.
OF THE DOMESTIC RELATIONS
Chapter 1. — Of Husband and Wife,
Chapter 2. — Of Parent and Child,
Chapter 3. — Of Guardian and Ward.
Chapter 4. — Of Master and Servant.
CHAPTER I.
OF HUSBAND AND WIFE.
Article 1. — Of Marriage and Divorce.
Article 2. — Of the Rights and Liabilities of Husband and Wife^ etc.
Article 3. — Of Marriage Contracts and jSettlements.
342 PT. 2.— TIT. 2.— CHAP. 1.— ART. I.—Domestic Rblaotons.
Section 1. — Marriage — how and by wliom coutracled.
ARTICLE I.
OF MARRIAGE AifD DIVORCE..
Section 1. — 3Iarriage — Jiow and hy tvJiom contracted.
Section 2. — Divorces, and lioio obtained.
Section 3. — Of Alimony.
SECTION I.
marriage - HOAV AND BY WHOM CONTRACTED.
Section.
1696. Restraint of marriage.
1697. Essentials of marriage.
1698. Who is able to contract.
1699. Prohibited degrees.
1700. Consent.
1701. Void marriages.
1702. Licenses — how granted.
Section.
1703. Return of marriage by bans..
1704. Consent of parents.
1705. Penalty on persons officiating.
1706. Jewish marriages.
1707. Amalgation prohibited.
1708. Want of authority in minister, etc,
1709. Marriage in another State.
§ 1696. Marriage is encouraged by the law, and every effort to
Eestraints restrain or discouraore marriage by contract, condition, limitation,
of marriage. " . / . ^ i .-, -r^ V-. — — , ' - '
or otherwise, is invalid and void. Prohibiting marriage to a par-
ticular person or persons, or before a certain reasonable age, or
other prudential provision looking only to the interest of the per-
son to be benefited, and not in general restraint of marriage, will
be allowed and held vaMd.
§ 1697. To constitute a valid marriage in this State there must
Essentials bc
of marriage. -t -rt.
1. Parties able to contract.
2. An actual contract.
3. Consummation according to law.
§ 1698. To be able to contract marriage, a person must be of
wiio is sound mind ; if a male, at least seventeen years of age, and if a
tract. female at least fourteen years of age, and laboring under neither
of the following disabilities — viz :
1. Previous marriage undissolved.
2. Nearness of relationship by blood or marriage, as. hereinaf-
ter explained.
3. Impotency*
PT. 2.— TIT. 2.— CHAP. 1— ART. 1.— Domestic Relations. 343
Section 1. — Marriage — how and by whom contracted.
§ 1699. Marriages between persons related by affinity in the Prohibited
following manner are prohibited — viz : A man shall not marry his
step-mother, or mother-in-law, or widow of his uncle, or daughter-
in-law, or step-daughter, or grand-daughter of his wife. A wo-
man shall not marry her corresponding relatives. Marriages with-
in the degrees prohibited by this Section are incestuous.
§ 1700. To constitute an actual contract of marriage, the par- consent.
ties must be consenting thereto voliintarily, and without any fraud
practiced upon either. Drunkenness at the time of marriage,
brought about by art or contrivance to induce consent, shall be
held a fraud.
§1701. Marriages of persons unable to contract, or unwilling voidmar-
. . riages.
to contract, or fraudulently induced to contract, are void. The
issue of such marriages, before they are annulled and declared issue.
void by a competent Court, are legitimate. In the latter two cases,
however, a subsequent consent and ratification of the marriage,
freely and voluntarily made, accompanied by cohab itation as hus- ratification,
band and wife, shall re44or valid the marriager"""
S 1702. Marriage licenses shall be granted by the Ordinaries, Licenses—
° r how granted
or their deputies, of the several Counties where the female to be , .. / ^ . /
married resides, it resident m this fetate, directed to any Judge, ' ^
Justice of the Inferior Court, Justice of the Peace, or Minister of
the Gospel, authorizing the marriage of the persons therein named,
and requiring such Judge, Justice, or Minister to return the said Return and
license to the Ordinary, with his certificate thereon as to the fact
and date of the marriage, which license, with the return thereon,
shall be recorded by the Ordinary, in a book kept by him for that
purpose.
§ 1703. If any Judge, Justice, or Minister shall connect in mar- Return of
riage persons whose bans have been published, such Judge, Justice, bans.
or Minister shall certify the fact to the Ordinary of the County
where such bans were published, who shall record the same in the
same book with marriage licenses.
§ 1704. It shall be the duty of the Ordinary and his deputy to consent of
inquire as to the ages of all persons for whom marriage licenses
are asked, and if there be any ground of suspicion that the female
is a minor under the age of eighteen years, such Ordinary and
his deputy shall refuse to grant the license until the written con-
sent of the parent or guardian, if any, controlling such minor
shall be produced and filed in his office ; and any Ordinary who,
344 PT. 2.— TIT. 2.— CHAP. 1.— ART. 1.— Domestic Relations.
Section 1. — Marriage — how and by whom contracted.
marnaires.
by himself or deputy, shall knowingly grant such license without
such consent, or without proper precaution, in inquiring as to the
Penalty on fact of minority, or for the marriage of a female to his knowledge
^ ^° ^^" domiciled in another County, shall forfeit the sum of five hundred
dollars for every such act, to be recovered at the suit of the Clerk
of the Superior Court, and added to the Educational Fund of the
County.
§ 1705. Any Judge, Justice, or Minister who shall join in mar-
Penaity on riaore any couple without such license, or the publication of bans,
person offi- to ./ r 5 r >
dating. shall forfeit the sum of five hundred dollars, to be recovered and
appropriated as set forth in the foregoing Paragraph.
§ 1706. Upon request, the Ordinary may direct the marriage
Jewish" license to any Jewish Minister, or other person of any religious
society or sect, authorized by the rules of such society, to per-
form the marriage ceremony, who shall make return thereon as be-
fore required.
§ 1707. [The marriage relation between white persons and per-
Amaiga- sons of African descent is forever prohibited, and such marriages
mation pro- , „ , ,, , • i t / \ i.'''
hibited. shall DC nuU and void. J (a)
§ 1708. A marriage valid in other respects, and supposed by the
Want of parties to be valid, shall not be aifected by a want of authority in
Minister or the Minister or Justice to solemnize the same ; nor shall such ob-
j p
jection be heard from one party who has fraudulently induced the
other to believe that the marriage was legal.
§ 1709. All marriages solemnized in another State by parties in-
Marriage tending at the time to reside in this State shall have the san:.e le-
in another ^ , n i • n t»
State. gal consequences and effect as if solemnized in this State. Par-
ties residing in this State can not evade any of the provisions of
its laws as to marriage by going into another State for the sol-
emnization of the marriage ceremony. *
(a) Constitution of 1865, Art. 5, Sec. 1, Par. 9.
* As to marriage of persons of color see Sections 1665 and 1666.
PT. 2.— TIT. 2.— CHAP. l.~ART. 1.— Domestic Relations. 345
Section 2. — Divorces — how obtained.
SECTION II.
OF DIVORCES, AND HOAV OBTAINED.
Section'.
1710. Total and partial.
1711. Grouncls for total divorce.
1712. Discretionary grounds.
1713. Grounds for partial di%^orce.
1714. Condonation, collusion, etc.
1715. Confessions of party.
1716. Proceedings.
1717. Respondent may ask divorce.
1718. Libellant shall not dismiss.
1719. Schedule.
1720. Transfer pending suit.
Section.
1721. Verdict of jury.
1722. New trials.
1723. Judgment or decree.
1724. Conscientious scruples.
1725. Effect of total divorce.
1726. Rights and disabilities.
1727. Effect of partial divorce.
1728. Custody of children.
1729. Renewal — cohabitation.
1730. Ex parte cases.
/6 vc' . y
§1710. Divorces may be granted by the Superior Court, and Total and
shall be of two kinds — total, or from bed and board. The con-
current verdict of two special juries, at the same term or other- Twover-
wise, shall be necessary to a total divorce ; [and in case there be
but one panel of Grand Jurors impanneled at the same term, it
shall be lawful for the presiding Judge to have a second jury im-
panneled from said Grand Jury, composed of Grand Jurors sum-
moned to the same term, and in the event of a deficiency, the
same may be completed by tales jurors, under the direction of
said Judge.] (a) A divorce from bed and board may be granted
on the verdict of one special jury.
§ 1711. The followino; f^rounds shall be sufficient to authorize Grounds
, . - °. ° for total
the granting or a total divorce : divorce.
1. Inter ra^rt*iage by persons within the prohibited degrees of
consanguinity and affinity.
2. Mental incapacity at the time of the marriage.
3. Impotency at the time of the marriage.
4. Forces, menaces, duress, or fraud, in obtaining the marriage.
5. Pregnancy of the wife, at the time of marriage, unknown to
the husband.
6. Adultery in either of the parties after marriage.
7. Willful and continued desertion by either of the parties for
the term of three years. ^
8. The conviction of either party for an offense involving moral
turpitude, and under which he or she is sentenced to imprisonment
in the penitentiary for the term of two years or longer.
(a) Acts of 1866, p. 21.
346 PT. 2.— TIT. 2.— CHAP. 1.— ART. 1.— Domestic Relations.
Section 3. — Divorces — how obtained.
iVA- Ljrt> g 1712. In cases of cruel treatment or habitual intoxication by
Discretion- either party, the iury in their discretion may grant either a total
ary grounds. ljtjj j to
or partial divorce.
§ 1713. Divorces from bed and board may be grarfted on any
Grounds prrouud which was held sufficient in the English Courts prior to 4th
for partial ,, ^^ , ° ^
divorce. May, 1784.
§ 1714. If the adultery, desertion, cruel treatment, or intoxica-
condona- tiou complaiucd of shall have been occasioned by the collusion of
tion, collu- •I'll-
sion, etc. the parties, and with the intention of causing a divorce, or if the
party complaining was consenting thereto, or if both parties have
been guilty of like conduct, or if there has been a voluntary con-
donation and cohabitation subsequent to the acts complained of,
and with notice thereof, then no divorce shall be granted ; and in
Discretion all cascs, the party sued may plead in defense the conduct of the
of jury. ' 1 .y %> r
party suing, and the jury may, on an examination of the whole
case, refuse a divorce.
§ 1715. The confessions of a party to acts of adultery or cruel
Confessions treatment, should be received with great caution, and if unsup-
ported by corroborating circumstances, and made with a view to
be evidence in the cause, should not be deemed sufficient to grant
a divorce.
^iQ ^CLU-4 § 1716. The action for divorce shall be by petition and process.
Proceedings, as in Ordinary suits, filed and served as in other cases, unless the
defendant be non-resident of this State, when service shall be per-
fected as prescribed in this Code in causes in equity. The same
rules of pleading shall obtain as in other causes atjaw.
§ 1717. [ When a libel for divorce is instituted, the respondent
Respondent may in his or her plea and answer recriminate, and ask a divorce in
vorce,\vheD. his or her favor ; and if on the trial, the jury believe such party is
entitled to divorce, instead of the libellant, they may so find upon
legal proof, so as to avoid the necessity of a cross-action. ] (a)
§1718. [If one verdict is found in favor of the respondent,
Libellant the libellant cannot dismiss his or her suit, without the consent of
can not dis-
miss-when, the opposite party. ] (a)
§ 1719. In all suits for divorce, the party applying shall render
Schedule, a schcdule, on oath, of the property owned or possessed by the
parties at the time of the application — or at the time of separa-
tion, if the parties have separated — distinguishing the separate
(a) Acts of 1863-4, p. 45.
PT. 2.— TIT. 2.— CHAP. 1.— ART. 1.— Domestic Belations. S4T
Section 2. — Divorces — how obtained.
estate of the wife, if there be any, which shall be filed with the Disposition
" 1 /^ ^^ property.
petition, or pending the suit, under the order of the Court. The
jury rendering the final verdict in the cause may provide perma-
nent alimony for the wife, either from tlie corpus of the estate or
otherwise, according to the condition of the husband and the source
from which the property came into the coverture.
§ 1720. After a aepa,l'atiQii, no transfer by the husband of any Transfer
"1 ""-^ . ,.->Y . »/ ^ ,j pentiing suit
of the property, exce£t bona fide^ in payment of pre-existing
debts; shall pass the title so as to avoid the vesting thereof, ac-
cording to the final verdict of the jury in the cause.
§1721. The verdict of the jury shall specify the kind of di- verdietof
vorce granted, and the disposition to be made of the scheduled ^
property.
§ 1722. New trials may be granted from verdicts on applications N-ewMais.
for divorce, as in other cases.
§ 1723. The verdicts of juries disposing of the property in di- Jud^iment
vorce cases shall be carried into effect hj the Courts, by entering
up such judgment or decree, or taking such other steps usual
in Chancery Courts as will effectually and fully execute the same.
§ 1724. A iuror having conscientious scruples as to granting conscien-
, — f- ■ ■ ^ ^ , , ° ° tious scru-
diyorces, is incompetent to serve on such applications. At the p^^s.
request of the complainant the Court may inquire of the panel
touching such scruples.
§1725. A total divorce annuls the marriage from the time of Effect of to-
T . • 1 r» 1 • T • . , tal divorce.
its rendition, except it be tor a cause rendering the marriage void
originally, but in no case of divorce shall the issue be rendered
bastards, except in cases of pregnancy of the wife at the time of
the marriage.
§1726. r In each divorce case, the Court shall regulate the EigMsand
"- . . *-" disabilities-
rights and disabilities of the parties.] (a) regulation of
§ 1727. A divorce from bed and board authorizes neither party^^'l'^^^tofp'^r-
't^ •/ tial divorce.
to marry ; and if a sufficient provision for the maintenance of
the wife has been made by the verdict of the jury, the husband
shall not be liable for her future support. The wife shall be a-
feme sole as to her earnings and proj)erty, as well as liberty, / / ;
after a divorce from bed and board. /\ b/t l. \, * {\ '^ C 1^- ■ ^ ^ c'-jX^ ^
§ 1728. In all cases of divorce granted, the party not in default custody of
° ^ "^ cWldrea.
shall be entitled to the custody of the minor children of the mar-
(a) Constitution of 1865, Article 4, Section 2^ Clause ^
4.,
348 PT. 2.— TIT. 2.--CHAP. 1.— ART. 1.— Domestic Relations.
Section 2. — Divorces — Low obtained.
riage. The Court, liowever, in the exercise of a sound discretion,
may look into all the circumstances, and, after hearing both par-
ties, make a different disposition of the children, withdrawing
them from the custody of either or both parties, and placing them,
if necessary, in the possession of guardians appointed by the Ordi-
nary. The Court may exercise a similar discretion pending the
libel for divorce.
§ 1729. Parties divorced from bed and board, on subsequent
Renewed reconciliation, may live toojether a^ain as husband and wife, by
cohabitation . . .
first filing in the ofiice of the Ordinary of the County where the
divorce was granted, their written agreement to that effect, at-
tested by the Ordinary.
§ 1730. In divorce cases proceeding ex ]ja7'te^ it is the duty of
Ex parte the Judcre to see that the grounds are legal, and sustained by
cases. o o o ' j
proof, or to appoint the Solicitor General, or some other attorney
of the Court, to discharge that duty for him. "\
SECTION III. Y W^ VK
OF ALIMONY.
Section.
1731. Permanent and temporary.
1732. Proceedings to obtain.
1733. Discretion of Judge.
1734. Revision and enforcement.
1735. Merits not in issue.
1736. Permanent alimony— when granted.
Section.
1737. Husband's voluntary deed.
1738. Decree in equity.
1739. Liability to third persons, etc.
1740. After alimony granted.
1741. Subsequent cohabitation.
1742. Interest of wife in husband's estate.
§ 1731. Alimony is an allowance out of the husband's estate,
Permanent made for the support of the wife, when livina: separate from him.
and tempo- . . ^^ ' to 1
rary. It is either temporary or permanent.
§ 1732. Whenever an action for divorce, at the instance of
Proceedings either party, is pending, or a suit by the wife for permanent ali-
mony, the wife may, at any regular term of the court in which the
same is pending, apply to the presiding Judge, by petition, for an
order granting to her temporary alimony pending the cause ; and,
after hearing both parties, and evidence as to all the circumstan-
ces of the parties and as to the fact of the marriage, the Court
shall grant an order allowing such temporary alimony, including
expenses of litigation, as the condition of the husband and the
facts of the case may justify.
PT. 2.— TIT. 2.— CHAP. 1.— ART. 1.— Domestic Kelatioxs. 349
Section 3. — Alimony.
L
S 1733. In arrivino; at the proper provision, the Judo;e shall Discretion
. . ... . of Jmige.
consider the peculiar necessities of the wife, growing out of the
pending litigation ; he may also consider any evidence of a sepa-
rate estate owned by the wife, and if such estate is ample, as
compared with the husband's, temporary alimony may be refused.
§ 1734. The order allowing alimony shall be subject to revis- Eevision
'^ . p . .and enforce-
ion by the Court at any time, and may be enforced either by writ ment.
of fieri facias or by attachment for contempt against the person of
the husband. A failure to comply with the order shall not de-
prive the husband of his right either to prosecute or defend his
cause.
§1735. On applications for temporary alimony, the merits of ^e"tsnot
the cause are not in issue, though the Judge, in fixing the amount
of alimony, may inquire into the cause and circumstances of the
separation rendering the alimony necessary, and in his discretion
may refuse it altogether.
§ 1736. Permanent alimony is granted in the following cases : afimTn"^—
1st, of divorce as considered, in the former Section; 2d, in cases ^J^" ^'■'^"*'
of voluntary separation ; 3d, where the wife, against her_w ilL is
either abandoned or driven off by her husband.
§ 1737. In either of the two latter cases the husband may vol- nusbancrs
*' voluntary
untarily, by deed, make an adequate provision for the support and '^^'^^•
maintenance of his wife, consistent with his means and her former
circumstances, which shall be a bar to her right to permanent ali-
mony.
§1738. In the absence of such provision, on the application of Df^eein
the wife, a Court of Equity may, by decree, compel the husband
to such provision for the support of the wife and such minor chil-
dren as may be in her custody, as indicated in the foregoing Par-
agraph.
§ 1739. Until such provision is made, voluntarily, or by decree Liability to
^ ^ . . third person
or order of the Court, the husband shall be liable to third persons before, etc.
for the board and support of the wife, and for all necessaries fur-
nished to her, or for the benefit of his children in her custody.
§1740. When permanent alimony is ^ranted, the husband ceases ^f^^i" ^'^o-
■•■ t/ o ^ ^ jjy granted.
to be liable for any debt or contract of the wife ; on the other
hand, he ceases to have any power to control her acquisitions by
purchase, or descent, or gift, or otherwise ; and the property of
the husband set apart for the support of the wife is not subject to
his debts or contracts so long as she lives.
.^50
PT. 2.~TIT. 2.— CHAP. 1.— DoxAiESTic Relatios^s,
Article 3.— The Rights and Liabilities of Husband and Wife, etc.
§ 1741. The subsequent voluntary cohabitation of the husband
subse- and wife shall annul and set aside all provision made, either by
■quent co- ^ ■»■ ^ ./
habitations, de&d OY decree, for permanent alimony. The rights of children
under any deed of separation or voluntary provision for alimony
shall not be affected thereby.
§ 1742. After permanent alimony granted, upon the death of
the husband the wife is not entitled to any further interest in his
estate in her right as wife, but such permanent provision shall be
continued to her, or a portion of the estate equivalent thereto
shall be set apaTt to her. "J
Interest of
Avife in hus-
band's es-
tate.
ARTICLE II.
OF THE mOHTS AND LIABILITIES OF HUSBAND AND WIFE AND
HEREIN OF DOWER.
Section.
1743. Husband is head of family.
1744. Separate property of wife.
1745. Torts to wife.
1746. Acquisitions of wife.
1747. Agency of wife.
1748. Liability of husband for necessaries.
1749. Q-eneral agency of wife.
1750. Free trader.
1751. Husband sole heir.
1752. Wife— when sole heir.
1753. Dower.
Section.
1754, How barred.
1755. Election in case of bequests, etc.
175G. Election in ignorance.
1757. Dower in several tracts.
1758. Dwelling house.
1759. Lien no bar.
1760. Life estate in proceeds of sale.
1761. Or absolute estate in specified sum.
1762. Earnings of wife.
1763. Paraphernalia.
1764^ Wife may appear against husband.
£
§ 1743. In this State the husband is the head of the family, and
Husband the wlfc is subicct to him ; her leeral civil existence is mer2;ed in
is head of .^.— *Z^-- ' fo ^ fe
family. the husband, except so far as the law recognizes her separately,
either for her own protection, or for her benefit, or for the preser-
vation of public order.
S Ui> §1744. [All tKe property of the wife at the time of her mar-
Wife's prop- riage, whether real, personal, or choses in action, shall be and re-
6i-ty — when ° ' ' r«^~.-..— - 7 7 ^
separate. main the separate property of the wife ; and all property given to,
inherited, or acquired by the wife during coverture shall vest in
and belong to the wife, and shall not be liable for the payment of
any debt, default, or contract of the husband.] (a)
§ 1745. If a tort be committed upon the person or reputation
Torts to wife of the wifc, the husband may recover tJieieCor; if, however, the
wife is living separate from the husband she may sue for such torts,
(a) Acts of 1866, pp. 146-7.
PT. 2.— TIT. 2.^CHAP. I.-^Bomestic Eelations. 35
i
Article 2. — The Rights and Liabilities of Husband and Wife, etc.
and also torts to her children, and recover the same to her use. In of living se-
parate from
like manner, when separated from the husband, she may enforce husband.
contracts made in reference to her own acquisitions.
§ 1746. When living separate from her husband the acquisi- Acquisitioiis
of wife liv
tions of a wife and of her children living with her, shall be vested ing separate
^ from her
in the wife for her separate use, free from the debts, contracts, tnsband.
or control of her husband, and at her death, intestate, the same
shall descend to her children, and if none, to her next of kin.
§ 1747. The husband is bound to support and maintain his wife, , Asoncy
^ ^^ _ ' of \vife in
and his consent shall be presumed to her agency in all purchases ffsp^ct to
^ o ./ 1,- ^- necessaries.
of neaessaries suitable to her condition and habits of life, made
for the use of herself and the family. This presumption may be
rebutted by proof.
§ 1748. The husband is bound for necessaries furnished to the Liability of
husband for
necessaries.
wife, when separated from him, subject to the limitations herein-
before provided. If the wife be living in adultery with another
man, the husband is not liable ; but notice by the husband shall
not relieve him from liability if his wife is separated from him by
reason of his own misconduct ; if she voluntarily abandons him
without sufficient provocation, notice by the husband shall relieve
him of all liability for necessaries furnished to her.
§1749. The wife may act as attorney and agent for the hus- General
*' ,/ (D agency of
band, but, except in cases before mentioned, proof of such author- ^J^e.
ity must be made as in other cases.
§1750. The wife, by consent of her husband, evidenced by n<t- Freetrader.
tice in a public gazette for one month, may become a public or free
trader ; in which event she is liable as a feme sole for all her con-
tracts, and may enforce the same in her own name. In such cases
the acquisitions of the wife become her separate estate.
§ 1751. Upon the death of the wife the husband is her sole Husband
*■ ... ^^•'^ heir.
heir, and upon payment of her individual debts, if any, may take
possession thereof without administration.
§ 1752. Upon the death of the husband, without lineal descen- wife— when
■^ , , . sole heir.
dants, the wife is his sole heir.
§ 1753. Dower is the right of a wife to an estate for life in one- Bower, v,;
third of the lands, according to valuation, including the dwelling-
house (which is not to be valued unless in a town or city) of which
the husband was seized and possessed at the time of his death, or
to which the husband obtained title in right of his wife.
§ 1754. Dower may be barred —
i ^uJu.
352 PT. 2.— TIT. 2.— CHAP. 1.— Domestic Relations.
Article 2.— The Rights and Liabilities of Husband and Wife, etc.
1. Bj provision made prior to the marriage and accepted bj the
How barred, wife in licu of dower. ,
2. Bj a provision made bj deed or will, and accepted by the
; wife after the husband's death, expressly in lieu of dower, or
where the intention of the husband is plain and manifest that it
shall be in lieu of dower.
3. By the election of the widow within twelve months from the
** grant of letters testamentary, or of administration on the hus-
V band's estate, to take a child's part of the real estate in lieu of
dower.
4. By a failure to apply for the dower for seven years from the
-' death of the husband.
5. By the wife's deed with her husband to lands to which the
title came throuf^h her.
^ 6. By the adultery of the wife unpardoned by the husband.
§ 1755. If the husband by will gives to his wife an interest in
Election in his lauds, her election of dower bars her of that devise, but does
r*ncpc f\f 1)0"
quest in lieu not deprive her of any interest in the personalty bequeathed to
her in the will, unless it is expressed to be in lieu of dower.
§ 1756. An election by the widow to take a child's part of the
Election in realty in ignorance of the condition of the estate, or of any fact
ignorance. . , , . in in "^T" ": * " " ,
material to her interest, shall not bar ,ner right to dower ; pro-
vided, the rights of third persons acting bona fide upon her elec-
tion shall not be disturbed or prejudiced.
-Ȥ 1757. Where the husband dies seized of several distinct tracts
Dower of land lyins^ in the same County, the widow may elect to take her
in several . , ,
tracts. entire dower in one body, and may select the tLSLCt or trac ts out
of which her dower shall be laid. If a tract or body of land is
divided by County lines, the entire dower may be laid off in either
ifdividedby County ; if scvcral tracts lie in different Counties, the dower must
County lines Tir. ii'i • i/>t
be applied lor and laid out m each County.
§ 1758. The widow is entitled to the possession of the dwelling-
Dweiiing- housc from the death of her husband, and before dower is assigned,
and also of the furniture therein, until her portion thereof is set
^ apart by the appraisers as provided by this Code.
d /(\.. (> § 1759. No lien created by the husband in his lifetime, though
Lien no bar. asscntcd to by the wife, shall in any manner interfere with her
right to dower.
§ 1760. With the assent of the executor or administrator of the
estate, the widow may elect a life estate in one-third part of the
PT. 2.— TIT. 2,— CHAP. 1.— Domestic Relations. 353
Article 2. — The Rights and Liabilities of Husband and Wife, etc.
proceeds of the sales of the land, or any distinct tract or tracts Life estate
. f 1 1 • 1 1 1 1 ^" proceeds
of land in lieu of the dower m such land. In which event, such of sale.
third part of the proceeds of the sale shall be invested by the ex-
ecutor or administrator under the direction of the Ordinary where
his returns are made, and the annual income thereof paid to the
widow during her life.
§ 1761. With the assent of the executor or administrator of the Absolute es-
tate in spec-
estate, and the approval of the O rdinar y, the widow may elect in Jfied sum.
lieu of her dower an amount in money to belong absolutely to her,
to be estimated and determined by the commissioners appointed to
assign dower, and whose report shall be subject to the same objec-
tions as are adm.easurements of dower in land. Both before the
Ordinary and on the return of the report of the commissioners, How con-
tested.
any person interested in the question shall be allowed to become a
party and be heard. The amount so awarded shall be paid in
preference to all other claims out of the proceeds of the sale of
the land.
§ 1762. r Any married woman may deposit in any of the sa- wife may
u ,/ • — .^„ ,/ I ,/ deposit car-
vings banks, or institutions for savings, now chartered in the State ^^^s^-
of Georgia, or which may hereafter be chartered in this State, any
sum or sums of money, the proceeds of her own labor, or that of
her children, less than two thousand dollars in the aggregate, and
may control, draw for, dispose of, devise, or transfer, in any way May control,
etc £iS 1*61116
whatever, the sum or sums thus deposited, in every respect as if sole.
she were not a married woman.] (a)
§ 1763. The wife's paraphernalia shall not be subject to the Parapher-
debts or contracts of the husband,* and shall consist of the ap-
parel of herself and her children, her watch and o_rnaments suita-
ble to her condition in life, and all such articles of pjersonajty as
have been given to her for her own use and comfort. ,
§ 1764. In all cases where the rights of the wife come in con- when the
flict with 'the interest of the husband, she may appear in Court by pear against
, p . T -r -.1 T r^ .; rr j husband.
her next iriend. In all other civil cases, except as to her sepa-
rate estate, she must appear by and with her husband, if living
together.
(a) Act of 1861, p. 23, and Acts of 1866, p. 226.
23
854
PT. 2.— TIT. 2.— CHAP. 1.— Domestic Relations,
Article 3, — Marriage Contracts and Settlements.
ARTICLE III.
OF MARRIAGE CONTRACTS AND SETTLEMENTS.
Section.
1765. Marriage article or parol, etc.
1766. Voluntary execution, etc.
1767. Construction of contract.
1768. Record of marriage contracts.
1769. Wife may force a record.
1770. Appointing and removing trustees.
Section.
1771. Executed in favor of volunteers'.
1772. Valuable consideration.
1773. Wife feme sole, etc.
1774. When sue and be sued.
1775. Minority of party to contract.
1776. Sale to husband or trustee.
§ 1765. Any agreement between the parties to a marriage con-
Marriage ar- templatina; a future settlement upon the wife, whether by parol
tide or parol . . .
agreement, or in Writing, may be executed and enforced by a Court of Equity
at the instance of the wife at any time during the life of the hus-
band ; 2^'^ovided always^ that the rights of third persons, pur-
chasers or creditors in good faith, and without notice, are not
affected thereby. An agreement, perfect in itself, and which needs
no future conveyance to effect its purposes, is an executed contract,
and does not come under the definition of marriage articles.'
§ 1766. The husband may voluntarily execute such agreement,
Voluntary or^c may at any time during the coverture, either through txus-
6X6CUtlOn """ \ • ■% t • r* l^ITT
and trust tccs or dircctly to his wife, convey any property to_ which he has^
title subject to the rights of prior purchasers or creditors without
\ notice.
§ 1767. Every marriage contract in writing, made in contem-
construc- plation of marriage, shall be liberally construed to carry into effect
tion of con- ^ ^ o 7 . ./ j ^
tract. the intention of the parties, and no want of form or technical
expression shall invalidate the same. Such contract must be at-
tested by at least two witnesses.
§ 1768. Every marriage contract and every voluntary settlement
Eecord made by the husband on the wife, whether in execution of mar-
contracts." riage articles or not, must be recorded in the office of the Clerk
of the Superior Court of the County of the residence of the hus-
band within three months after the execution thereof. On failure
to comply with this provision, such contract or settlement shall not
be of any force or effect against a purchaser, or creditor, or surety
who, bona fide and without notice, may become such before the
actual recording of the same. If such contract or settlement is
made in another State, and the parties subsequently move into
this State, the record must be made within three months from
such removal. If the settled property be in this State, and the
PT. 2.— TIT. 2.— CHAP. 1.— Domestic Relations. 355
Article 3.— Marriage Contracts and Settlements.
parties reside in another, then the record must be made in the
County where the property is, and within the time specified above.
§1769. If the trustee or husband having possession of such wife may
contract or settlement fails or refuses to have the same recorded, cord.
the wife, or any friend of hers, may apply to the Judge of the
Superior Court at any time for an order compelling such record ;
and the trustee thus refusing, ^fter demand, shall be personally
responsible to his cestui que trust for all damage sustained by
reason of the failure to record ; and such application of the wife,
or her friend, when entered on the minutes of the Superior Court,
shall be a notice equivalent to the record of the marriage con-
tract or trust deed.
§ 1770. The Judge of the Superior Court of the County of the Appointing
J . *^ . . . . ^ and remov-
wife s domicil may, at any time, upon petition, exercise the pow- ing trustees.
ers of a chancellor in appointing, or removing, or substituting
trustees, or granting any order for the protection of the trust es-
tate, exercising a wise discretion as to the terms on which such
appointment shall be made, or such order granted. The pro-
<jeeding in each case shall be transmitted to the Clerk of the Su-
perior Court, to be recorded in the book of the minutes of such
Court, next to the minutes of the last term thereof.
§1771. Marriaoje contracts and post nuptial settlements will be Whenexe-
° - — »»>.*«., '■ '■ cuted in fa-
enforced at the instance of all persons in whose favor there are "^^l ^^ ^■^*"
^ unteers.
limitations of the estate. Marriage articles will be executed only
at the instance of persons coming within the scope of the mar-
riage consideration ; but when executed at their instance, the Court
may execute also in favor of volunteers. All persons are volun-
teers except the parties to the contract and the offspring of the wife.
§ 1772. Marriage is a valuable consideration, and the wife vaiuubie
1 n ^ ^ 1 1 1 1 ^ i ' considera-
stands, as to property of the husband settled upon her by marriage tion. •
contract, as other purchasers for value ; provided, that by such
contract the husband does not incapacitate himself from paying
his existing just debts.
§ 1773. The wife is Sifeme sole as to her separate estate, unless wife feme
roIg tl s to
controlled by the settlement**-- Every restriction upon her power ter separate
in it must be complied with ; but while the wife may contract, she
can not bind her separate estate by any contract of suretyship,
nor by any assumption of the debts of her husband, and any sale
of her separate estate, made to a creditor of her husband in ex-
tinguishment of his debts, shall be absolutely void.
356
PT. 2.— TIT. 2.— CHAP. 2.— Domestic Relatiosts.
Article 1. — Legitimate Children.
§ 1774. If there is no trustee, the wife may sue and be sued , a&
When sue to her Separate estate, as a feme mle ; and in all such cases the
and be sued. ^ .
separate estate shall he responsible for all costs incurred.
§ 1775. The minority of either party to marriage articles, or a
Minority marriage contract, shall not invalidate it ; provided, such party is
contract. of lawful age to contract marriage.
§ 1776. No contract of sale of a wife as to her separate estate
Sale to with her husband or her trustee shall be valid, unless the same is
husband or
trustee. allowed by order of the Superior Court of the County ©f her
domicil.
CHAPTER IL
OF PARENT AND CHILD.
Article 1. — Legitimate Children.
Article 2. — Illegitimate Children, or Bastards,
ARTICLE L
legitimate children.
Section.
1777. Legitimate children — who are.
1778. Legitimating by order of Court.
1779. Adopting a child.
1780. Objections by relative.
1781. Adoption of adult persons.
1782. Age of majority.
Section.
1783. Parents' obligation.
1784. Parents' power-^how lost.
1785. Mother's rights.
1786. Cruel treatment by parents
1787. Mutual protection.
f-^ § 1777. All children born in wedlock, or within the usual pe-
Legitimate nod of gcstation thereafter, are legitimate. The legitimacy of a
child thus born may be disputed. Where possibility of access ex-
■ ists, except in cases of divorce from bed and board, the strong
presumption is in favor of legitimacyj andL.tke proof should be
clear to establish the contrary. If pregnancy existed at the time
of the marriage, and a divorce is sought and obtained on that
ground, the child, though born in wedlock, is not, legitimate.
The marriage of the mother and reputed father of an illegiti-
subsequent mate child, and the recognition of such child as his, shall render
Mamage. ^^^ (Midi legitimate ; and in such case, the child shall imme-
diately take the surname of his father.
PT. 2.— TIT. 2.— CHAP. 2.— Domestic Relations. 357
Article 1. — Legitimate Children.
§ 1778. A father of an illeffitimj^te child may render the same Legitimacy
'*^"" , by order of
legitimate by petitioning the Superior or County Court of the Comt,
County of his residence, setting forth the name, age -and sex, of
such child, and also the name of the mother; and if he desires ,
the name changed, stating the new name and praying the legiti-
mating of such child. Of this application the mother, if alive,
shall have notice. Upon such application, presented and filed, the
Court may pass an order declaring said child to be legitimate, and
capable of inheriting of the father in the same manner as if born in
lawful wedlock, and the name by which he or she shall be :known.
§ 1779. Any person desirous of adopting a child, so as to ren- Adopting a
der it capable of inheriting his estate, may present a like petition
to the Superior Court, setting forth, as an additional fact, the
name of the father, or if he be dead, or has abandoned his family,
the mother, and the consent of such father or mother to this act
of adoption ; and if the child has neither father nor mother, then
the consent of no person shall be necessary to said adoption. It
shall be the duty of the Court, upon being satisfied of the truth
of the facts stated in the petition, and of the fact that such father
or mother has notice of such application, and being further satis-
fied that such adoption will be to the interest of the child, to pass
an order declaring said child to be the adopted child of such per-
son, and capable of inheriting his estate, and also what shall be
the name of such child ; and thenceforward the relation between
such person and the adopted child ^hall be, as to their legal rights Effect
-and liabilities, the same as if the relation of parent and child ex-
isted between them, except that the adopted father shall never in-
herit from the child ; but to all other persons the adopted child
shall stand related as if no such act of adoption had been taken.
§ 1780. It shall be the privilege of any person related by blood objections
^ 1 •^ 1 • n 1 i r>i i r«ii'' by rehitions.
to such child, it there be no lather or mother, to tile objections to
such application, and the Court, after hearing the same, shall de-
termine, in its discretion, whether or not the same constitute a
^ood reason for refusing the application.
§ l781. Adult persons maybe adopted in like manner, and have Adopting
their names changed, on giving consent to such adoption. peiins!
§ 1782. The age of legal majority in this State is twenty-one Age of
., , ... "" " ""' ' . majority.
years ; until that age all persons are minors.
§ 1783. Until majority, it is the duty of the father to provide Parent's
for the maintenance, protection, and education of his cliild- ° ^^^ ^^^"
858 PT. 2.— TIT. 2.— CHAP. 2.— Domestic Relatione.
Article 1. — Legitimate Children.
§ 1784. Until majority, the child remains under control of the
Parental father, who is entitled to his services and the proceeds of his la-
power — how rr»l • 1 » ^
lost bor. This paternal power is lost —
1. By voluntary QQntract, releasing the right to a third person.
2. By cons_enting to the adoption of the child by a third person.
3. By the failure of the father to provide necessaries for his
child, or his abandonment of his family.
4. By his consent to the child's receiving the proceeds of his
own labor, which consent shall be revocable at any time.
5. By his consent to the marriage of the child, who thus as-
sumes inconsistent responsibilities.
6. By cruel treatment of the child.
§ 1785. Upon the death of the father, the mother is entitled to
Mother's the posscssiou of the child until his arrival at such an age tha-t
'' * his education requires the guardian to take possession of him. In
eases of separation of the parents, or the subsequent marriage of
the survivor, the Court, upon writ of habeas corpuSy may exercise
a discretion as to the possession of the child, looking salely to his
interest and welfare.
§ 1786. Any person may apply to the Ordinary of the County,
Cruel treat- alleging the cruel treatment of a child by his father, who shall
rent. ^ cito the father to answer the allegation ; and such Ordinary may,
at any time, hear evidence, and, in his discretion, appoint a guar-
dian of the person of such child, wha shall be entitled to the pos-
session of him.
§ 1787. Parents and children may mutually protect each other^
preceetipn. and justify the defense of the person or reputation of each others
ARTICLE IL
ILLEGITIMATE CHILDREN, OR BASTARDS,
•^
Section.
1788. Bastards.
1789. Father's obligations^
1790. Mother's right.
Section.
1791. InheritaBce by bastard.
1792. By legitimates from bastard.
§ 1788. A bastard is a ehild born out of wedlock, and whos@^
Bastard, parents do not subsequently intermarry, or a child the issue c£
adulterous intei^course of the wife during wedlock.
PT. 2.— TIT. 2.— CHAP. 2.— Domestic Relations. 359
Article 2. — Illegitimate Children, or Bastards.
§ 1789. The father of a bastard is bound to maintain him. Father's
obligation.
This obligation shall be good consideration to support a contract
bj him. He may voluntarily discharge this duty ; if he fails or
refuses to do it the law will compel him. jT*
§ 1790. The mother of a bastard is entitled to the possession of Mother^s ^^
rights. ^.
the child, unless the father shall legitimate him as before pro- ^.
vided. Being the only recognized parent, she may exercise all the O
paternal power.
§ 1791. Bastards have no inheritable blood, except that 2;iven inheritance
• 1 • ' p 1 • 11 t>y bastard.
to them by express law. They may inherit from their mother and
from each other, children of the same mother, in the same man-
ner as if legitimate. If a mother have both legitimate and ille-
gitimate children, they shall inherit alike the estate of the mother.
If a bastard dies leaving no issue or widow, his mother, brothers,
and sisters shall inherit his estate equally. In distributions un-
der this law the children of a deceased bastard shall represent the
deceased parent.
§1792. If a bastard dies intestate, leaving no widow or lineal Byiogiti-
.,, . . ' ' , , . , , f, mates from
descendant, or illegitimate brother or sister, or descendant of a illegitimates
brother, or sister, or mother, but shall leave a brother or sister of
legitimate blood, such brother or sister, or descendant of such
brother or sister, may inherit the estate of such intestate.
CHAPTER III.
OF GUARDIAN AND WARD.
Article 1. — Guardians of Minors.
Article 2. — Guardians of Lunatics and Idiots,
Article 3. — Foreign Guardians.
ARTICLE I.
Section 1. — How and hy whom Appointed.
Section 2. — Their Powers^ Duties, and Liabilities.
Section 3. — Settlements^ Resignation^ and Letters of Dismission.
360 PT. 2.— TIT. 2.— CHAP. 3.— ART. I.^Domestic Relations.
Section 1. — Guardians — how and by whom appointed.
SECTION I.
HOW AISTD BY WHOM APPOINTED,
Secttox.
1793. Kinds of guardians.
1794. Natural guardian.
1795. Testamentary guardian.
1796. Appointed by widows.
1797. General guardian.
1798. Of property of non-resident ward.
1799. Mother-guardian.
1800. Appointment of clerk or stranger.
1801. Guardian of bastard.
1802. Notice of application.
Section.
1803. Bond and oath.
1804. Taken in vacation.
1805. Additional bond.
1806. New sureties.
1807. Proceedings in case of misconduct.
1808. Motion by surety.
1809. Revocation does not abate suit.
1810. Suit on bond.
1811. Removing proceedings, etc.
1812. Guardian ad litem.
Natural
guardian.
§ 1793. Guardians of minors may be either — Ist, natural guar-
Sfan? 4^^^s ; 2d, testame-ntary guardians ; 3d, guardians of person and
property, or either.
§ 1794. The father, if alive, is the natural guardian ; if dead,
the mother is the natural guardian. The natural guardian can
not demand or receive the property of the child until a guardian's
bond is filed and accepted by the Ordinary of the County. If
such natural guardian fail or refuse to give bond and surety the
Ordinary may appoint another guardian to receive such property.
§ 1795. Every father may, by will, appoint guardians for the
ter^^*^™S- persons, or property, or both, of his children, and such guardians
^^^°- shall not be required to give bond and security, except in case of
waste committed or apprehended, or property coming to the
ward from sources other than the father's will, when the Ordinary
shall require the same. If a testamentary guardian fails to give
bond as required, the Ordinary may dismiss him as guardian and
appoint another, or may appoint another guardian for the prop-
erty thus accruing. In all other respects a testamentary guardian
shall stand on the same footing with other guardians appointed by
the Ordinary.
§ 1796. The mother, if a widow, shall have the power by will
AppoiDted to appoint testamentary guardians for such children as have none,
by widows. -•■■*• •/ o '
as to their persons, and as to such property as they may inherit
from her.
§ 1797. The Ordinary of the County of the domicil of a minor
having no guardian shall have the power of appointing a guardian
of the person and property, or either, of such child. If the ward
be above the age of fourteen years before a guardian is appointed,
General
guardian.
PT. 2.--TIT. 2.— CHAP. 3.— ART. 1.— Domestic Relations. 361
Section 1. — Guardians — how and by wliom appointed.
he shall have the privilege of selecting a guardian, and if such
selection be judicious the Ordinary shall appoint him. The ward
having once exercised this privilege can not do so again, except
upon cause shown for the removal of the first selection.
§ 1798. If a minor is non-resident, but has property in this of property
, of non-resi-
State, the Ordinary of the County where the property is may ap- <ient ward,
point a guardian, who shall have control only over such- property.
§ 1799. In the appointment of eruardians, the widowed mother Mother-
■^ *-" , . guardian.
shall have the preference upon complying with the law. Upon
her marrying again the letters are revoked, though her husband
shall be responsible to the ward as guardian, if no other guardian
be appointed. Among collaterals applying for the guardianship,
the nearest of kin by blood, if otherwise unobjectionable, shall be
preferred — males being preferred to females. The Ordinary, how-
ever, in every case may exercise his discretion according to the cir-
cumstances, and if necessary grant the letters to a stranger in
blood.
§ 1800. If there be no application for letters of guardianship, Appoint-
-,. . r\ -,. o . -^^ ment of
and a necessity for a guardian exists, the Ordinary, after giving ci^^k or
. -^ ^ ... & & stranger.
notice for thirty days, may vest such guardianship in the Clerk of
the Superior or Inferior Court of the County, or in any other per-
son or persons residing in said County, whom he ^all deem fit
and proper, in his discretion, requiring bond and((jrecurity as in
other cases.
§ 1801. The Ordinary may appoint a guardian for the person Guardian
^ .„ . , , 11 of bastards.
and property of an illegitimate child in all cases where he may
deem it necessary.
§ 1802. Every application to be appointed guardian of a minor Notice of
,, „p ,, ii'iipi application.
under the age oi lourteen years, other than the child oi the ap-
plicant, shall be made to the Ordinary, and notice thereof given
by him in some public gazette of this State, at least thirty days
before such letters shall be granted. At the regular term next
after the expiration of the notice, the letters may be granted /
either to the applicant or some other person, in the discretion of /
the Court. In the meantime a temporary guardian may be ap-
pointed under the same rules as apply to the appointment of tem-
porary administrators.
§ 1803. Every guardian, appointed by the Ordinary, before en- Bond and
tering on the duties of his appointment, shall take before the Or-
dinary an oath, or affirmation, well and truly to perform the duties
362 PT. 2.— TIT. 2.— CHAP. 3.— ART. 1.— Domestic Relations.
Section 1. — Guardians — how and by whom appointed.
required of him as guardian, and laijhfully to account with his
ward for his estate ; and shall also give bond with good and suffi-
cient security, to be approved by the Ordmary, in double the
amount of the supposed value of the property of the ward, for the
faithful discharge of his duty as guardian : such bond shall be pay-
able to the Ordinary and his successors. A substantial compliance
as to all matter of form shall be sufficient.
§ 1804. The taking of the oath and giving the bond may be
Taken in done at anv time in vacation, the appointment beins: made at a
vacation. '^ 7 rr to
regular term. The bond when taken shall be recorded by the
Bond re- Ordinary in a book to be kept by him for that purpose, and the
corded. original kept of file in his office.
§ 1805. If at any time after appointment other property shall
Additional doscend, or come, or be 2;iven, or otherwise accrue to the ward, the
bond. ' ° . . .
Ordinary may require the guardian to give an additional bond
with security in double the amount of such property, and on his
failure to comply, the Ordinary may appoint a special guardian
for such property ; [and whenever it shall come to the knowledge
of the Ordinary, either by annual returns or otherwise, that the
bond and security of any guardian is not of sufficient amount to
be of double the amount of the property or funds in the hands of
such guardian, or that such bond and securities are otherwise in-
sufficient in the judgment of such Ordinary, it shall be his duty
to give notice to said guardian to come forward at the next term
of the Court of said Ordinary and give additional security to said
Ordinary, or give a new bond with good securities ; and on failure
to do so, the authority of said guardian shall cease ; and said Or-
dinary shall appoint, in terms of the law, a guardian to take the
place of said defaulting guardian.] (a) "•
§ 1806. If one or more of the sureties on the guardian's bond
New sure- shall die, or become insolvent, or remove from this State, or from
ties. ' . ' , . '
other cause the security become insufficient, the Ordinary may
of his own motion, or at the instance of any relative of the ward,
require the guardian to give other and sufficient security, and on
his failure so to do in compliance with such order, the Court
shall revoke his letters of guardianship, and appoint some other
person in his place.
§ 1807. If the Ordinary knows, or is informed, that any guar-
(a) Acts of 1861, p. 33.
PT. 2.— TIT. 2.— CHAP. 3.— ART. 1.— Domestic Kelatioks. 368
Section 1. — Guardians — how and by whom appointed.
dian wastes, or in any manner mismanages the property, or does Proceedings
not take due care oi the maintenance and education of his ward misconduct
according to his circumstances, or refuses to make returns as
required by law, or for any cause is unfit for the trust, the Ordina-
ry shall cite such guardian to answer to such charge at some regu-
lar term of the Court, when, upon investigation of his actions, the
Ordinary may, in his discretion, revoke his letters, or pass such
other order as in his judgment is expedient under the circum-
stances of each case.
§ 1808. The surety of any guardian on his bond, or if dead, his Motion by
representative, may at any time make complaint to the Ordinary
of any misconduct of his principal in the discharge of his trust, Z ^.^
or for any other reason show his desire to be relieved as surety ; ' C
thereupon the Ordinary shall cite the guardian to appear at a
regular term of the Court, and show cause why such surety shall
not be discharged ; and upon hearing the parties and their evidence, Proceedings
the Ordinary may, at his discretion, pass an order discharging
such surety from all future liability, and requiring such guardian
to give new and sufficient security, or be discharged from his trust ;
such new sureties shall be liable for past as well as future waste
or misconduct of the guardian. And such discharged surety shall
be relieved only from the time the new security shall be given.
If new security is not given, and the guardian's trust is revoked, i^iawiity of
»/ o 7 G 7 ne-vy sureties.
the discharged surety shall be bound for a true accounting of such
guardian with the new guardian, or his ward, if no other guardian
is appointed. The death of a surety shall be a sufficient ground
for his discharge from future liability on application of his repre-
sentative and the granting the order. In all cases where letters ofoidsure-
of guardianship are revoked, the sureties on the bond are liable
for all the acts of the guardian in relation to his trust up to the
time of his settlement with the new guardian or his ward.
§ 1809. The revocation of letters of guardianship shall not abate Revocation
" ■*■ does not
any suit pending for or against the guardian, but the new guardian abate suit.
shall be made a party by sci. fa. as in case of the death of a party.
§1810. Suit may be instituted against the guardian and his suit on bond
sureties on his bond in the same action at the instance of his
ward, or a new guardian, or any other person interested, without
first suing the guardian. And if the guardian is beyond the juris-
diction of the Court, or places himself in the position of a debtor,
liable to attachment, or is dead, and his estate unrepresented, suit
S64: PT. 2.— TIT. 2.— CHAP. 3.— ART. 1.— Domestic Relations.
Section 1. — G-uardians — ^how and by whom appointed.
ProYiso, may be commenced against the sureties alone ; provided, that the
fi. fa. issued upon a judgment obtained against the guardian and his
sureties shall not be levied upon the property of the sureties until
a return of 7iulla bona as to the guardian, unless the property of
the sureties is being removed from the County. If the failure to
Effect of sue the guardian arose from his voluntary act, the iudDi:ment
judgment. , ° , . .
against the sureties shall be conclusive in any suit against him,
§ 1811. A guardian whose residence is, or by removal or other-
EemoYiDg wisc bccomcs, in a different County from that of his appointment,
proceedings , . .
to another may have the privilege of removing the trust to the jurisdiction
of the Ordinary of his own County, by first giving bond and good
security to such Ordinary, as if first appointed by him, and filing
a certificate of such fact with the Ordinary by whom he was ap-
pointed. He shall also obtain from such Ordinary an exemplifi-
cation of all the records concerning his guardianship, and of the
order passed transferring the same to the County of his residence,
which exemplification shall be filed with and recorded by the
Ordinary of said County, who shall then have the same jurisdic-
tion over such guardian as if first appointed by him. The sure-
ties upon such guardian's first bond shall be liable only for past
Liability of misconduct. The surcties upou tho now boud shall be liable for
both past and future misconduct.
§ 1812. Whenever a minor is interested in any litigation pend-
Gnardianacz ing in any Court in this State, and has no guardian, or his inter-
est is adverse to that of his guardian, such Court shall have power
to appoint a guardian ad litem for such minor, which guardian
shall be responsible to such minor for his conduct in connection
with such litigation in the same manner as if he were a regularly
qualified guardian.
SECTION IL
THE POWERS, DUTIES, AND LIABILITIES OF GUARDIAXS.
Sectiox.
1813. Power of guardian.
1814. Returns.
1815. Amount of expenditure.
1816. Binding out indigent persons.
1817. Ill treatment.
1818. Failing to make returns.
1819. Sales.
1820. Renting of lands.
1821. Contracts for labor.
Section.
1822. "Working tliem together.
1823. Cultivating plantations, etc.
1821. Investment in stocks.
1825. Commissions.
1826. If there be two guardians.
1827. Sureties bound, etc.
1828. Contracts bj' guardian,
1829. May appoint attorney in fact.
PT. 2.— TIT. 2.-~CHAP. 3.— ART. 1.— Domestic Relations. 865
Section 2.— Powers, Duties, and Liabilities of Guardians.
§ 1813. The power of the guardian over the person of his ward
is the same w4th the father over his child, the guardian standing
in his place ; and in like manner it is the duty of the guardian to
protect and maintain, and, according to the circumstances of the
ward, to educate him.
§ 1814. Every guardian, within twelve months after his ap-
pointment, and by the first Monday in July in every year there-
after, shall make a return to the Ordinary under oath, making an
accurate exhibit of all the property of his ward received by him
up to that time and since his last return, together wdth an account
current of his receipts and expenditures, accompanied with the
vouchers for the same, and any other matter connected with the
said property, which said return shall be examined by the Ordi-
nary, and if found correct shall be allowed by him and entered of
record with the vouchers ; and the judgment thus rendered by the
Ordinary shall be prima facie evidence of the correctness of said
return in favor of said guardian. If the guardian shall have
removed beyond the limits of this State, the oath of his surety
shall be sufficient to verify the return.
§ 1815. Every guardian shall be allowed all reasonable dis-
bursements and expenses suitable to the circumstances of the
orphan committed to his care. But the expenses of maintenance
and education must not exceed the annual profits of the estate,
except by the approval of the Ordinary previously granted. The
Ordinary may, in his discretion, allow the corpus of the estate, in
whole or in part, to be used for the education and maintenance of
the ward.
§ 1816. If the annual profits of the estate of any orphan, with
or without a guardian, are not sufficient for his education and
maintenance, [and the Ordinary shall not allow the corpus of the
estate to be used for such education and maintenance,] (a) it shall
be the duty of the Ordinary forthwith to bind out such orphan for
the w^hole or such part of the time of his minority as to him shall
seem best, and on such conditions as will most promote the interest
of such orphan, in all cases requiring that such orphan shall be
allowed to attend the nearest school, where education is free to
him, at least three months in the year.
§ 1817. It shall be the duty of the Ordinary and of the guardian
Power of
guardian.
His duty.
Eetums.
Amount of
expenditure.
Binding ou
indigent or-
phans.
(a) Acts of 1865-6, p. 28.
BQ6 PT. 2.— TIT. 2.-^CHAP. 3.— ART. 1.-— Domestic Relations^
Section 2. — Powers, Duties, and Liabilities of Guardians.
Ill treat- of such Orphan to be informed as to his treatment, and on com-
ment. ^
plaint of ill usage, or any condition broken, the Ordinary shall
bind such orphan to some other person.*
§ 1818. The Ordinary shall keep a docket of all the guardians
Failing to liable to make returns to him, and upon the failure of any one to
make re- ^ ^ ■*■ "^
turns. (Jo SO by the time required by law, he shall cite the said guardian
to appear and show the reason for his delay ; and every guardian
who shall fail or refuse to make his return before the end of the
year, shall receive no commission or compensation for any service
done during that year, unless by special order of the Court of
Ordinary, exonerating him from all blame.
§1819. All sales of any portion of the property of the ward
Sales, shall be made under the direction of the Ordinary, and under the
same rules and restrictions as are prescribed for sales by adminis-
trators of estates.
§ 1820. Every renting of lands of an orphan, unless by special
Renting of order of the Ordinary, shall be in public to the highest bidder,
and under the same rules as Sheriff sales, except that credit may
be given on good security.
§ 1821. [Guardians may make contracts for labor or service
May con- wlth porsons of color, or with white persons, for the benefit of the
labor. estates of their wards, upon such terms as they may deem best,
and all such contracts made in good faith shall be a charge upon
and bind said estates whenever the same are approved by the
Ordinary of the County.] (a)
§ 1822. Guardians, under a like order, may keep such persons
Working together, and have them employed in such agricultural or other
gether. operations as such guardians may deem manifestly expedient.
§ 1823. When it is manifestly expedient, guardians may cause
cuiti- plantations of their wards to be managed and cultivated for their
pSa.Sig benefit, and when not possessed of lands, under a like order of the
pantation. Q^^^,^^ guardians may invest a portion of the funds of their wards
in lands for the purpose of cultivation as hereinbefore provided.
§ 1824. Any guardian, in his discretion, may invest any funds
investnaent of his Ward in his hands in stocks, bonds, or other securities is-
sued by this State. In every such case his return shall set forth
the time of such purchase, the price paid, and the name of the
person from whom purchased. All such investments shall be free
* «
See further on this subject Sections 1865, 1866. (a) Acts of 1866, p. 87.
PT. 2.— TIT. 2.— CHAP. 3.— ART. 1.-^Domestic Relations. 367
Section 2. — Powers, Duties, and Liabilities of Guardians.
from taxation during the minority of the ward for whom they are
held.
§ 1825. Guardians shall be allowed the sajne commissions for Commis-
receiving and paying out the estate of their wards as are allowed
to administrators. Extra compensation and traveling expenses
shall be allowed to them upon the same principles as to adminis-
trators. When the guardian keeps together and works the employees
of a ward, the Court shall allow him a reasonable compensation
for such services, taking into consideration the commissions he may
receive.
§ 1826. If the s^uardian resigns or dies, or is removed under if there
. . . t>6 t'^o guar-
any circumstances, no commissions shall be allowed for turning dians.
over the estate to a new guardian, or to the new guardian for re-
ceiving the same ; and where a guardian is removed for waste or
gross mismanagement, no commissions shall be allowed for any
of his services.
§ 1827. If the appointment of a guardian for any cause is de- , sureties
, ^ "^ bound, etc.
clared void, his sureties shall nevertheless be responsible on the
bond for any property which may have been received by him by
virtue or reason of his appointment.
§ 1828. The aruardian can not borrow money and bind his ward Contracts
<-" •^ by guar-
therefor, nor can he, by any contract other than those specially ^^^"s-
allowed by law, bind his ward's property, or create any lien
thereon.
§1829. The guardian may appoint an attorney in fact to act May appoint
for him where he is unable to act himself, and he and his sureties
are bound for the acts of such attorney as if it were his personal
deed.
SECTION III. ' ^
SETTLEMENTS OF GUARDIANS, RESiaNATION, AND LETTERS DISMISSORY.
Section.
1830. Settlements before the Ordinary.
1831. At the instance of the guardians.
1832. Duty of the Court.
1833. Continuance.
1834. Proceedings.
1835. Power of the Ordinary.
1836. Enforcement of decision.
Section.
1837. Final receipts.
1838. Right of ward to re-open, etc.
1839. Resignation of guardian.
1840. Letters of dismission.
1841. Disposition of money, etc., in hand.
1842. Ward dying, etc.
§ 1830. A ward, on arriving at majority, or marrying a man of settlements
full age, or a new guardian legally appointed, may apply to the ordinary.
368 PT. 2.— TIT. 2.-.CHAP. 8.— ART. 1.— Domestic Relations.
Section 3. — Settlements of Guardians, etc.
Ordinary for an order requiring the guardian to appear and sub-
mit to a settlement of his accounts. Such citation shall be served
as other citations, a-nd shall be returnable to a regular term of the
Court. If the guardian fails or refuses to appear as cited, the
Court may proceed ex parte,
§ 1831. The guardian shall, in like manner, be allowed to cite
At instance his Ward, or a new sruardian, to appear and be present at a set-
of the guar- ' ° ? rr r
dian. tlemcut of his account.
§ 1832. Upon the return of such citation, the Court shall pro-
Duty of the ceed to examine all the returns and accounts of such guardian ;
Court. . . .
to hear all evidence which may be produced by either party ; and
to make a full, fair and final settlement between such guardian
and his ward, making a full record of such final settlement.
§ 1833. The Court may allow such continuances as the princi-
Continuance plcs of justicc require.
§ 1834. Such other proceedings may be had in the case as are
Proceedings usual in Other causes in said Court.
§ 1835. It shall be in the power of the Ordinary to order any
Power of property in the hands of the guardian to be delivered to the ward
or the new guardian, and also to issue an execution for any bal-
ance of money found due by the guardian to the ward. If the
ward does not appear, the Court may pass an order stating the
balance found due from the guardian, which balance shall not
bear interest from that date until demanded by the ward or new
guardian.
§ 1836. If the guardian shall fail or refuse to deliver to the
Enforce- ward the property in his hands, ordered to be delivered by the
Court, the Ordinary shall have power to attach him for contempt,
and imprison him in the common jail until he shall comply with
such order, such proceedings to be had in the issuing of such at-
tachment as are usual in Courts of Equity.
§ 1837. Any guardian, by having his final receipt from his ward
Final re- attested by a Judge, Justice of the Peace, or Notary Public, may
cause the same to be recorded by the Clerk of the Superior Court
of the County of his residence, and the original, or a copy thereof,
shall be admitted in evidence, on the same terms as registered
deeds.
§ 1838. No final settlement made between the guardian and
war?^toVe^ Ward shall bar the ward, at any time within four years thereafter,
ment. ^^"^^" from Calling the guardian to a settlement of his accounts, unless
ment of de
PT. 2.— TIT. 2.— CHAP. 3— ART. 1.— Domestic Relations. 369
Section 3. — Settlements of Guardians, etc.
it is made to appear that the same was made after a full exhibit
of all the guardian's accounts, and with a full knowledge bj the
ward of his legal rights.
§ 1839. Any guardian who, from age, infirmity, removal from Eesignation
. ^ - , - . .... of guardian.
the County, or tor any other cause, desires to resign his trust as
such, may apply to the Ordinary having jurisdiction of the trust,
setting forth the reasons therefor, and also the name of some suit-
able person willing to accept the trust, whereupon the Ordinary
shall cite such person, and also the nearest of kin of such ward,
to appear at the next term of said Court, and if the Ordinary shall
be satisfied that such change of guardians will not be detrimental
to the interest of the ward, and no good cause is shown against it,
he shall grant the prayer of the applicant, discharging him from
his trust on the following condition — viz, that he shall, forthwith, condition.
deliver all property and pay all money held by him as such guar-
dian, upon a fair settlement of his accounts, to his successor ; and
upon the filing of the evidence of such settlement, and the receipt
in full of his successor, the guardian shall be discharged from his
said trust. The ward shall have the privilege, within five years
after he comes of age, to re-open such settlement and call for an
account.
§ 1840. Letters of dismission may be granted by the Ordinary Letters of
to any guardian, upon Iiis compliance with the following provi- , ^*_,
sions: ^. J, /^ -^
1. An application in writing, setting forth his full discharge of
the duties of his trust. > /i.^**-^ -
2. An examination of his accounts and vouchers by the Ordi-
nary, to verify the truth of the petition.
3. The publication of such application for forty days, in the
public gazette where the legal notices of the Ordinary's office are
usually published.
4. The examination of any objections filed, and the proof to
the Ordinary that the ward is of age.
§ 1841. If it shall appear that such guardian has in his hands i>isposition
^ ^^ . ^ of money,
any money, property, or effects of his ward, the Ordinary may cause etc., in hand.
the same, if money, to be deposited in some solvent bank, and if other
property, to be delivered to some proper person to be appointed
by the Ordinary, under such restrictions as he may deem best for
the preservation of the property, and then grant the letters dis-
missory; or the Ordinary may, if he sees proper, pass an order
24
370
PT. 2.— TIT. 2.— CHAP. S.^Domestic Relations.
Article 2. — Guardians of Lunatics, Idiots, etc.
requiring the guardian to retain the funds in his own hands at an
interest not exceeding four per cent, per annum, his sureties being
still responsible therefor.
§ 1842. When a ward shall die intestate, "pending his minority,
Ward dying, the guardian shall proceed to distribute his estate in the same man-
guardian *=' '■
shall act as ^gj. ^g jf \^q ]^^^ bcon appointed administrator upon such estate-
ad mimstra- ■'•■'■ ^ '
and the sureties on his bond shall be responsible for his faithful
administration and distribution of such estate.
tor.
ARTICLE 11.
GUARDIANS OF LUNATICS AND IDIOTS AND PERSONS NON COMFOS
MENTIS.
Section.
1843. Guardian— for whom appointed.
184i. Oath and bond, powers, etc.
1845. Wife may be guardian.
1846. Proceeding to obtain commission.
1847. Return and appointment.
1848. Appeal.
1849. Second application.
Sectiox.
1850. "SVitnesses.
1851. Proceedings to end a commission.
1852. Issue — how made and tried.
1853. Other provisions as general guardian.
1854. Confining ward.
1855. Proceedings to confine him, etc.
§ 1843. The Ordinaries of the several Counties of this State
^For whom may appoint guardians for the following persons — viz : Idiots, luna-
i^ay ij^ ap- tics, and in§ane persons, and deaf and dumb persons when inca-
pable of managing their estates, habitual drunkards,* and persons
imbecile from old age or other cause, and incapable of managing
their estates.
§ 1844. Guardians so appointed shall take the same oath and
Oath and give a like bond with guardians of minors, and their powers,
ers and du- dutics, and liabilities, shall be the same, and be exercised under
ties. ' ' '
the same rules and regulations.
§ 1845. The wife shall, in all cases, be entitled to the prefer-
wife may euco to the appointment as guardian, and her bond and all acts as
be guardian. ^ ••■ ■"■ *5 — , '
guardian shall be held and construed as if she were a feme sole.
§ 1846. Upon the petition of any person on oath, setting forth
Proceedings that another is liable to have a guardian appointed under the pro-
to obtain . . _ ^ ^^ ,
commission, yisious of this Article, the Ordinary, upon proof that ten days
notice of such application has been given to the three nearest
adult relatives of such person, or that there is no such relative
* See Section 1387.
PT. 2.— TIT. 2.— CHAP. 3.— Dojiestic Eelations. STl
Article 2. — Guardians of Lunatics, Idiots, etc.
within this State, shall issue a commission directed to any eighteen
discreet and proper persons, one of whom shall be a physician,
requiring any twelve of them, including the physician, to examine
by inspection the person for whom guardianship is sought, and to
hear and examine witnesses, on oath, if necessary, as to his con-
dition and capacity to manage his estate, and to make return of
such examination and inquiry to the said Ordinary, specifying in
such return under which of said classes they find t^e said person
to come. Such commissioners shall first be sworn by a Justice of
the Peace "well and truly to execute the said commission to the
best of their skill and ability," which oath shall be returned with
their verdict.
§1847. Upon such return finding the person to be as alleged Retumand
in the petition, or within either of said classes, the Ordinary shall
appoint a guardian for him.
§ 1848. The applicants for a commission, or the person for Appeal,
whom the guardianship is sought, or any friend or relative for
him dissatisfied with the return of the committee, may, upon pay-
ing all costs, and giving bond and security for all future costs and
damages, within four days after the report has been acted on by
the Ordinary, enter an appeal to the Superior Court of the County,
where the issue shall be submitted to a special jury, selected as
in other cases ; but the guardian appointed by the Ordinary shall adutcm.
act as such pending the litigation.
§ 1849. When one application for guardianship under this arti- second ap-
!• 1/-WT t plication.
cle has failed upon the merits, the Ordinary shall not issue a sec-
ond commission, unless^ the petition is verified by at least three
respectable disinterested neighbors, in addition to the oath of the
applicant.
§ 1850. The Ordinary may issue subpoenas for witnesses to witn.esses.
appear before the commission thus appointed^ and on their failure
to appear, the Ordinary may take the same steps to compel attend-
ance as if the proceeding was before his Court.
§ 1851. Any person, for whom a guardian is appointed under Proceeci-
•^ -^ ^ ° ^^ ingstoenda
this article, upon restoration to sanity and capacity, may person- commiesion.
ally, or by attorney, petition the Ordinary, setting forth the fact
and praying the revocation of such guardianship. Upon such
petition, the Ordinary may examine into the truth thereof, and if
satisfied of its truth, and the guardian consenting thereto, the
37^ PT. 2.— TIT. 2.— CHAP. 3.— Domestic RELATidxs.
Article 3. — Guardians of Lunatics, Idiots, etc.
Ordinary shall grant the prayer and order the guardian forthwith
to deliver over to such person his property, m^ey and effgpjts.
§ 1852. If the Ordinary is not satisfied as to the truth of the
Issue-how petition, or the guardian, or any relative of the applicant objects-
tried, to the revocation of the letters, the Ordinary shall require the
Sheriff to summon eighteen men, competent to serve as jurors, to
appear before said Ordinary on a day specified, any twelve of
whom being duly sworn, shall constitute a jury before whom
shall be tried the issue as to the truth of the application : upon a
verdict affirming its truth, the Ordinary shall grant the prayer
and order above specified.
§ 1853. All the provisions made in this Code as to the settle-
other pro- ments of guardians of minors, their resignation, letters of dis-
"visions same .. ,,..,. „, „, , iin
as seuerai missiou, and distribution 01 the estate or deceased wards, shall
guardians.
apply to guardians appointed under this Article.
§ 1854. Guardians of insane persons are authorized to confine
Confining them, or place them in the asylum, if such a course is necessary
either for their own protection or the safety of others ; and a
guardian willfully failing to take such precaution with his ward
shall be responsible for injuries inflicted on others by such ward.
§ 1855. [When there is no guardian for an insane person, or
Proceedings the guardian on notice refuses or fails to confine his ward, and" any
him at in- person shall make oath that such insane person, for public safety
stance of ^ i i rv • i i i
third per- or Other ffood and sufficient reason, should not longer be left at
large, any one of the Justices of the Inferior Court, before whom
said oath is made, shall issue a warrant, as in criminal cases, for
the arrest of such insane person, to bring him before the Inferior
Court on a day specified ; and said Court, on an investigation of
the facts, may commit such insane person to the lunatic asylum,
and if necessary, cause him to be temporarily committed to jail
until he can be removed to the asylum ; and the expense of such
confinement and the proceedings, shall be paid out of the estate of
Costs. such insane person, if any, and if not, out of the County funds.] (a)
(a) Acts of 1866, p. 22.
sons
PT. 2.— TIT. 2.— CHxiP. 3.— Domestic Relations. 3T3
Article 3. — Foreign Guardians.
ARTICLE III.
FOllEIGN GUARDIANS.
Sectiox,
1856. Foreign guardian may recover, etc.
1857. Order of Ordinary.
1858. Discretion of Ordinary.
Section.
1859. Receipt.
1800. Enfoi'cing order.
18G1. Removal of guardian and ward, etc.
§1856. When a minor, idiot, lunatic or insane person resides ^^ ^^^'^^^ff J
in another State, and by any reason is entitled to property in the ™l.ypertJ^Itc
hands of any executor, administrator, trustee, or guardian within
this State, and there is no sufficient reason why such property
should not be transferred to a guardian appointed under the laws
of such other State, the same may be done in the following manner:
1. The foreign guardian shall give bond with good security to ^0°^^-
the proper authority in his own State for the faithful execution
of such guardianship, in double the amount of the value of the
property in this State, over and above the sum in which he may
be bound for the guardianship of property then in that State.
2. He shall produce to the Ordinary, to whose Court such exec- Exemiiiifi-
utor, administrator, trustee or guardian is bound to make returns,
an exemplification, authenticated as required by the Act of Con-
gress, showing that he has complied with the above condition, and
having also the certificate of the proper officer as to the sufficiency
of the security to his bond.
3. He shall give twenty days' notice to such executor, adminis- Notice.
trator, trustee, or guardian of such intended application.
§1857. Upon compliance with these conditions, the Ordinary order of
may order the transfer of all such ward's estate to the foreign
guardian, and may order the sale of any real estate if necessary
for settlement with such foreign guardian. If there exists any objections.
reason why such estate or any portion of it should not be removed
from this State, the Ordinary may hear any one interested in the
question, and refuse the order in his discretion.
§ 1858. The exemplification and certificate produced by the Discretion
foreign guardian shall not be conclusive, but the Court may hear ' ^^^^^'
evidence as to the fitness and competency of the guardian for his
trust or the sufficency of his security, or any other matter or thing
going to show the impropriety of granting the order asked for,
and in his discretion the Ordinary may refuse such order.
§ 1859. The receipt of the foreign guardian under such order Eeceipt.
shall be a sufficient voucher for the trustee in Georgia.
374
PT. 2.— TIT. 2.— CHAP. 4.— Domestic Relatioits.
Article 1. — Indented Servants and Apprentices.
§ 1860. The Court may enforce such order in the same manner
Enforcing as provided in cases of settlements made with guardians, and the
foreign guardian, after such order, may sue for the property of his-
ward in the possession of any person in any Court of law or equity
in this State.
§ 1861. If any guardian appointed in this State shall desire to
Kemovai of remove to another State and carry his ward with him, before re-
gnardian , r»i'
and ward, movmg tlio porson or property of his ward, he shall, in the proper
Court of his intended domicil, first comply with all the conditions
required in the preceding Sections of a foreign guardian, and ob-
tain the order of the Ordinary consenting to snch removal.
CHAPTER IV.
MASTER AND SERVANT
Article 1. — Indented Servants and Ai^^or entices'.
Article 2. — Laborers in Factories,
ARTICLE I.
indented servants and apprentices
Section.
1862.
1863.
1864.
1865.
1866,
1867,
1868.
Indenture of service.
Right of master.
Right of servant.
Minors bound by parent.
By County Judge or Ordinary.
Mode of indenture.
Where filed and recorded.
Section.
1869. Minor need not sign.
1870.. Duties af master.
1871. Controversies — where tried.
1872. Relation — how dissolved.
1873. Allowance to apprentice.
1874. Master's right of action.
§ 1862. Any person of full age may bind himself for a valua»
Indenture f^ie Consideration to anv citizen of this State for a limited number
of years, not exceeding five ; \_provided, the contract of appren-
ticeship shall be made in duplicate, and witnessed in the same
manner as deeds : the original shall be kept by the master, and
the duplicate shall be filed and recorded either in the office of the
Judge of the County Court or in the Ordinary's office.] (a)
(a) Acts of 1866, p. 8.
PT. 2.--TIT. 2.— CHAP. 4.— Doxaiestic Relations. 375
Article 1. — Indented Servants and Apprentices.
§1863. The master shall be entitled to his reasonable labor un- Right of
der his direction, and shall have a right of action against any
other person who, with notice, shall employ such servant. If the
indented servant shall have been imported by the master, he shall Damages.
recover damages at least equal to double the amount per month
for which such indented person contracted to serve.
§1864. Such indented person is entitled to maintenance, pro- Eights of
tection, and humane treatment ; and upon proof to the Court in
which the contract was filed and recorded that he is denied either
of them, or the consideration of his indenture, the Court shall
pass an order declaring the indenture revoked and annulled.
§1865. TAll minors may, by whichever parent has the leejal Parents may
'^ ^ */ ' ./ r to ]t)ind out mi-
control of them, be bound out as apprentices to any respectable norcMidren.
person until they attain the age of twenty-one years, or for a
shorter period.] (a)
§ 1866. fit shall be the duty of the Jud2;e of the County Court, Judge of ^> Ij
^ , / , ° _ -^ ' Co. Court or <>J ^
or the Ordinary, to bind out in like manner all minors whose pa- ordinary ;
•^ ' ^ may bind out
rents are dead, or whose parents reside out of the County, the ^ ° certain
^ i- J ^ cases. ,- . ^,
the profits of whose estates are insufficient for their support and , '
maintenance ; also, all minors whose parents, from age, infirmity, ^ .^ "^
or poverty, are unable to support them.] (a) XL ^y^
§ 1867. rindentures of apprenticeship shall be made in dupli- indenturesC
■-^ , -^ ■* ■'• ^ ^ '- — how made, f •
cate, and witnessed in the same manner as deeds, the orisrinal of '"Witnessed -^
, ' 5 & and kept.
which shall be kept by the master.] (a)
§ 1868. [The duplicates shall be filed and recorded either in
the office of the Judge of the County Court, or in the Ordinary's
office.] (a)
§ 1869. [It shall not be necessary for the apprentice to sign the
indenture of apprenticeship.] (a)
§ 1870. [It shall be the duty of the master to teach the ap-
prentice the business of husbandry, house service, or some other shaii teach,
useful trade or occupation, which shall be specified in the instru-
ment of apprenticeship ; shall furnish him with protection, whole-
some food, suitable clothing, and necessary medicine and medical at-
tendance ; shall teach him habits of industry, honesty, and mor-
ality ; shall cause him to be taught to read English ; and shall
govern him with humanity, using only the same degree of force to
compel his obedience as a father may use with his minor child.] (a)
<
(a) Acts of 1865-6, pp. 6, 7, 8.
376 PT. 2.~TIT. 2.— CHAP. 4.— Domestic Relations.
Article 1. — Indented Servants and Apprentices.
§ 1871. [In all controversies between a master and his appren-
Jurisdiction tico, pending the existence of the relation, the Judge of the County
Co. Court or Court, or the Ordinary, may exercise jurisdiction, and on com-
plaint of either party, and notice to the other, may cause justice
to be done in a summary manner. If the master be in default, he
shall be fined, at the discretion of the Court, not exceeding fifty
dollars ; and if the apprentice, the Court may order such correction
as the circumstances may demand, not extending to cruelty.] (a)
§ 1872. [By consent of the parties, the Judge of the County
— h^w^dfs^ Court, or the Ordinary, may dissolve the relation at any time ;
ckuT-ed^'^ and ou the death of the master, the said Judge, or Ordinary, may
either dissolve it, or substitute in place of the deceased his legal
representative, or some member of his family ; in which event, the
person substituted, by filing a written acceptance, shall thence-
forth have all the rights, and be bound for all the duties of the
original master. Dissolution by consent, or for the death of the
master, shall be subject to the sound discretion of the Judge of
the County Court, or of the Ordinary, as also shall be the selec-
tion of a successor to the master as above mentioned ; but if no
successor be designated, and his acceptance filed within three
months after the death of the master, then the relation shall no
At instance lougcr cxist. The Judgc of the County Court, or the Ordinary,
maydTssoive ^^J ^^^so dissolvc the relation, at the instance of the master, for
gross miscondiict in the apprentice ; or at the instance of the ap-
At instance p^entice, or any friend of his, for cruelty in the master, or forfail-
tUe^f^Say^^G to fumish food, clothing, medicine, or medical attendance, or
dissolve. |.^^ jeopardy of the good morals of the apprentice, by reason of
the master's depraved conduct.] (a)
§ 1873. [To the master shall belong the proceeds of the ap-
Aiiowance prcntico's labor ; but at the expiration of his term of service a
of service, faithful apprentice shall be entitled to a small allowance from the
master with which to begin life ; the amount to be left, in
the first instance, to the master's generosity. If the master
Master offer- oflfer loss than ono hundred dollars the apprentice may decline it,
an ^^^ ^.^^ ^^^ master before the Judge of the County Court, or the
Ordinary ; and after hearing both parties and their witnesses, if
any, the said Judge, or the Ordinary, shall fix the sum to be paid,
increasing or diminishing the amount oifered, according to the
(a) Acts of 1865-6, pp. 6, 7, 8.
PT. 2.— TIT. 2.— CHAP. 4.— Domestic Relations. 377
Article 3. — Laborers in Factories.
merits of the apprentice, the means of the master, and the length
and fidelity of the service.] (a)
§ 1874. [The master shall have a right of action against any Rightof ao-
" i- o o ./ tion against
person employing his apprentice with notice of the fact, and the Pf ^9° ^^■
r i ./ o i i 7 ploying ap'
damages recovered shall not be less than twenty-five dollars.] (a) prentice.
ARTICLE 11.
LABORERS IN FACTORIES.
Section. ] Section.
1875. Hours of labor. I 1876. Corporal punishment.
§ 1875. The hojirs of labor by all persons under twenty-one Hours of
years of age, in all co_tton, woolen, or other manufacturing es-
tablishments, or machine shops in this State, shall be from sun-
rise until sunset, the usual and customary times for meals being
allowed from the same ; and any contract made with such persons
or their parents, guardians, or others, whereby a longer time for contract for
labor is agreed upon or provided for, shall be null and void, so
far as relates to the enforcement of said contracts against such
laborers.
§ 1876. No boss or other superior in such establishments shall corporal
. ^. - — "^ . "~ --' I'll 11 punishment.
mnict corporal punishment upon such minor laborers ; and the
owners of such factory or machine shop shall be directly liable for
all such conduct on the part of their employees ; and such minor
may sue in his own name for damages for such conduct, and the
recovery shall be his own property, and not belong to his pa-
rents,
(a) Acts of 1865-6, pp, 6, 7, 8.
Q
378 PT. 2.— TIT. 3.— CHAP. 1.— Other Relations.
Article 1. — Partnership — General Principles.
TITLE III.
OF RELATIONS ARISING FROM OTHER CONTRACTS.
Chapter 1. — Of Pa7't7ie7'ship.
Chapter 2. — Of Debtor and Or editor.
Chapter 3. — Of Bailments.
Chapter 4. — Of Principal and Surety.
Chapter 5. — Of Principal and Agent.
CHAPTER I.
OF PARTNERSHIP.
Article 1. — General Principles.
Article 2. — Mights and Liabilities of Partners among themselves.
Article 3. — Rights and Liabilities as to Third Persons.
Article 4, — Limited Partnershij?.
ARTICLE L
GENERAL PRINCIPLES.
Sectiok.
1877. How created.
1878. Extent of partnership.
1879. Open and dormant partner.
1880. What constitutes a partnership.
1881. Time of commencement.
1882. Death of partner, etc.
1883. Duration and dissolution.
Section.
1881. How it is dissolved,
1885. Notice of dissolution.
1886. Effect of dissolution.
1887. False partner.
1888. Denial by defendant.
1889. Suits by and against.
1890. Executory bond.
I § 1877. A partnership may be created either by written or parol
How created contract, Or it may arise from a joint ownership, use and enjoy-
ment of the profits of undivided property, real or personal.
§ 1878. As among partners, the extent of the partnership is
Extent of determined by the contract and their several interests. As to
artnership. ,., ,-, tit t i n ^ • •
t hird persons, all are liable not only to the extent oi their interest
in the partnership property, but also to the whole extent of their
separate property.
PT. 2.— TIT. 3.— CHAP. 1.— Other Relations. 379
Article 1. — Partnership— General Principles.
§ 1879. An ostensible partner is one whose name appears to the Open
^ ^ -^ * ^ partner.
world as such, and he is bound, though he have no interest in the
_ . , . , ■ . . . Dormant
firm. A dormant or secret partner is one whose connection with partner.
the firm is really or professedly concealed from the world.
U^ § 1880. A joint interest in the partnership property, or a joint what con-
interest in the profits and losses of the business, constitutes a part- partnership.
nership as to third persons. A common interest in profits alone
does not.
§ 1881. If no time is specified for the commencement of the "Time ©f
'^ ^ commence-
partnership, it commences immediately. . °^®°*-
§ 1882. If the contract specifies the term for which the partner- Death of a
\ ^ ■"• partner as it
ship is formed, it will continue for that time, or till the death of effects con-
one partner. If it is desired to continue, notwithstanding the
death of a partner, it must be so specified.
§ 1883. If there is no ao^reement as to the time of continuance, Duration
, , , . . arid disso-
the partnership is at will, and may be dissolved at any time by ^^^^i^^-
any partner on giving three months' notice to his co-partners.
§ 1884. Every partnership is dissolved at any time by the mutual How n is
•^ ^ ^ . . "^ *^ . , dissolved.
consent of the parties, by the death, insanity, or conviction for
felony of one of the parties, by the marriage of 2. feme sole partner,
by the extinction of the business for which it was formed, or by
such misconduct of either partner as will justify a Court of Equity
to decree a dissolution.
§ 1885. The dissolution of a partnership by the retirinsi: of an Notice of
"" ~ ~" ^ ■ i. v/ ^ o dissolution.
ostensible partner must be made known to creditors and to the
world. By the retiring of a dormant partner, it must be made
known to all who had knowledge of his connection with the firm.
§1886. A dissolution puts an end to all the powers and rights disfoSoo!
resulting from the partnership to the partners, except for the . '^7
purpose of a general account and winding up the business. As to /
third persons, it absolves the partners from all liability for future
contracts and transactions, but not for the transactions that are
past.
§ 1887. No partnership may lawfully insert in their firm name Fai^
or style the name of any individual not actually a co-partner, nor
continue in such firm name or style the name of a retired partner.
And each member of a firm violating this provision shall forfeit
the sum of one hundred dollars for every day's violation, to be
recovered by any person who may prosecute for the same.
§ 1888^ Partners suing or being sued in their firm name, the
380
PT. 2.— TIT. 3.— CHAP. 1.— Other Relations.
Article 2. — Risrhts and Liabilities of Partners amonor themselves.
Denial by partnership need not be proved unless denied by the defendant,
defendant. , i . , ^, , "^
on oath, upon jQiea m abatement filed.
§1889. Judgments may be entered up and execution issue in
Suits by the name of the firm or against a firm. And^service of process
and against. o sr
on one partner with a return of 'hion est inventus'' as to the
others, shall authorize a judgment against the firm binding all of
the firm assets and the individual property of the one served.
§ 1890. In all legal proceedings, wherein it. becpmes^ necessary
Executory for partners to give bond, any one of the partners may execute
such bond in the firm name*
32.03^.
ARTICLE 11.
RIGHTS AND LIABILITIES OF PARTNERS AMONG THEMSELVES.
Section.
1891. Interest of each.
1892. Insolvent partner.
1893. Good faith infe7' se.
1894. Power of each partner.
Section.
1895. Introducing new partner.
1896. Power of majority.
1897. Surviving partner.
§ 1891. Unless otherwise provided in the agreement, partners
of ^ic^h^^*^ are equally interested in all the stock or property brought into
the business, it matters not by which partner — are equally en-
titled to share the profits, and equally bound to pay the losses.
§ 1892. If one of several partners proves to be insolvent, each
contribu- partner is bound to contribute according to his interest to sustain
tion in case •"■ f i • •
of insolvent tho pro vatct loss of such insolvent in the debts of the firm.
partner. ■'-
§1893. The strictest good faith is required among partners,
Good faith and that which would not amount to fraud as to third persons, may
inter ee. . . . . . . .
be such a violation of this faith as to justify a Court of Equity to
compel a partner to give up any advantage thus obtained.
§ 1894. Every partner has a right to examine into the affairs of
Power of the firm, and, unless otherwise ap;reed to, have ioint possession of
each partner. . ' ^ , .
its effects, to collect and apply its assets, to contract or otherwise
bind the firm in matters connected with its business, and to exe-
* cute any writing or bond in the course of the business ; at no
time transgressing the privileges of other partners or seeking in
bad faith to evade or violate their wishes.
§ 1895. 'No partner by assigning his interest or otherwise, can
Introducing introducc a new partner without the consent of the others, unless
new partner. ^ ^ ^
such power is reserved in the contract.
PT. 2.— -TIT. 3.— CHAP. 1.— Other Relations. 381
Article 3. — Rights and Liabilities of Partners as to third persons.
§ 1896. Unless otherwise stipulated, a majority of the partners Power of
, . majority.
must control on any question within the scope of the partnership
business ; but outside of such business, any partner may veto the
use of the partnership assets.
§ 1897. The surviving: partner, in case of death, has the risrht surviving
^ fc> 1 7 y O partner.
to control the assets of the firm to the exclusion of the legal rep-
resentatives of a deceased partner, and he is primarily liable to
the creditors of the firm for their debts.
ARTICLE III.
EIGHTS AND LIABILITIES OF PARTNERS AS TO THIRD PERSONS.
Section.
1898. Secret stipulations.
1899. Bound by acts of partner.
1900. Duty of agent.
1901. Matters outside of partnership.
1902. Lending money to partner.
1903. Purchasing from partner.
Section.
1904. Endorsement, etc.
1905. Liability from fraud of one partner.
1906. For torts of partner.
1907. Power after dissolution.
1908. Disposition of assets, etc.
1909. Garnishment on partner's interest.
§1898. Third persons are bound by no stipulations among the Secret stip-
partners themselves, unless actual notice of such stipulation be /'
proven prior to their action.
§1899. All the partners are bound by the acts of anyone, Bound by
. , , . ./ ' acts of part-
within the legitimate business of the partnership, until dissolution ^'^^^
or the commencement of legal process for that purpose, or express uo?i^e?*°^
notice of dissent to the person about to be contracted with.
§ 1900. An agent^ of the partnership is generally bound to obey Duty of
each partner. If contradictory instructions are given by different
partners, he is not bound to obey either, but should act for the
best interest of the partnership.
§1901. Third persons acting with a partner in a matter not Matters out-
... , I'll t'-i •! . ^^^^ ^^ part-
legitimately connected with the partnership, have no right against nership.
the firm or any other member.
§ 1902. A person lending money to a partner for the firm is not Lending
bound to see to its application, but if he knows, or has reasonable partner.
grounds to suspect that it is intended to be applied to other pur-
poses than the business of the firm, he can not recover it from the
partnership.
- § 1903. Third persons acquire no title to partnership assets by Purchasing
purchase from one member, when notice or a reasonable ground of '^^^^^^^^^
882
PT, 2.— TIT. 3.— CHAP. 1.— Other Relations.
Article 3. — Rights and Liabilities of Partners as to third persons.
suspicion is known to them that the partner is misapplying, or
seeks to misapply such assets.
§ 1904. A guaranty or an accommodation endorsement is not
Endorse
W^
jnents, etT" withiu the legitimate business of ordinary partnership.
§ 1905. All the partners are responsible to innocent third per-
Liabiiity for gons for damao;es arisins; from the fraud of one partner in matters
fraud of one . ° * , ^
part 
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